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PEOPLE v. HARRIS

Docket No. 4525.

192 Cal.App.2d 887 (1961)

13 Cal. Rptr. 642

THE PEOPLE, Respondent, v. ALBERT J. HARRIS, Appellant.

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

May 5, 1961.

Attorney(s) appearing for the Case

Hugh R. Manes for Appellant.

Roger Arnebergh, City Attorney, Philip E. Grey, Assistant City Attorney, and William E. Doran, Deputy City Attorney, for Respondent.

SWAIN, P.J.

The defendant, a bookseller, was convicted of violating Penal Code, section 311, subsection 3, by selling two books which were adjudged obscene. He appeals from the judgment. Although we affirm the judgment there are several points which we must discuss.

I. FREEDOM OF THE PRESS

[1] It is now settled law that "obscenity is not within the area of constitutionally protected speech...

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