YUDKIN v. STATE

[No. 300, September Term, 1961.]

229 Md. 223 (1962)

182 A.2d 798

YUDKIN v. STATE

Court of Appeals of Maryland.

Decided July 5, 1962.


Attorney(s) appearing for the Case

John Silard, with whom were Samuel B. Groner and Rauh & Silard on the brief, for the appellant.

Joseph S. Kaufman, Deputy Attorney General, and Robert S. Bourbon, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, and Leonard T. Kardy, State's Attorney for Montgomery County, on the brief, for the appellee.

Brief of amici curiae filed by Edward de Grazia, Edward L. Genn, Benjamin Brown, Fred Weisgal, Lawrence Speiser and Rowland Watts for the American Civil Liberties Union and the Maryland Civil Liberties Union.

The cause was argued before BRUNE, C.J., and PRESCOTT, HORNEY, MARBURY and SYBERT, JJ.


HORNEY, J., delivered the opinion of the Court.

Claiming that the book Tropic of Cancer, written by Henry Miller, is neither lewd, obscene nor indecent, the defendant-appellant (Samuel Yudkin) has appealed his conviction for selling a copy of it in violation of Code (1957), Art. 27, § 418.

On October 26, 1961, two members of the Montgomery County police force entered the bookstore of the defendant in Bethesda where several copies of the alleged...

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