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PEOPLE v. ALBERTS

Docket No. 3350.

138 Cal.App.2d Supp. 909 (1955)

292 P.2d 90

THE PEOPLE, Respondent, v. DAVID S. ALBERTS, Appellant.

Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

December 29, 1955.

Attorney(s) appearing for the Case

C. Richard Maddox and Stanley Fleishman for Appellant.

A.L. Wirin, as Amicus Curiae on behalf of Appellant.

S. Ernest Roll, District Attorney, and Jere J. Sullivan, Deputy District Attorney, for Respondent.

BISHOP, J.

The defendant was convicted on two charges based on section 311 of the Penal Code: that he had lewdly kept for sale obscene and indecent books; and that he had lewdly written, composed, and published an advertisement of them. A new trial was denied, and a sentence (its terms not divulged) was imposed. The appeal is from the order and judgment.

[1] Section 311, Penal Code, declares a large number of acts, if lewdly done, to be a misdemeanor...

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