Jurgen and the law : $b A statement, with exhibits, of the Court's opinion, and the brief for the defendants on motion to direct an acquittal
General
Jurgen and the law : $b A statement, with exhibits, of the Court's opinion, and the brief for the defendants on motion to direct an acquittal
Cabell, James Branch, 1879-1958. Jurgen; Pornography -- Law and legislation
The adventures consist in wanderings through mediæval and mythological
countries and a sojourn in Hell and Heaven. He encounters beings of
mediæval folk-lore and from classical Mythology. The most that can
be said against the book is that certain passages therein may be
considered suggestive in a veiled and subtle way of immorality, but
such suggestions are delicately conveyed and the whole atmosphere of
the story is of such an unreal and supernatural nature that even these
suggestions are free from the evils accompanying suggestiveness in more
realistic works. In fact, it is doubtful if the book could be read or
understood at all by more than a very limited number of readers.
In my opinion the book is one of unusual literary merit and contains
nothing “obscene, lewd, lascivious, filthy, indecent or disgusting”
within the meaning of the statute and the decisions of the courts of
this state in similar cases. (See Halsey v. New York Society, 234 N. Y.
1; People v. Brainard, 192 App. Div. 116; St. Hubert Guild v. Quinn, 64
Misc. 336.)
The motion, therefore, is granted and the jury is advised to acquit the
defendants.
STATUTES RELATING TO THE PUBLICATION,
SALE, ETC., OF OBSCENE
LITERATURE
NEW YORK STATUTES
+Penal Law--Sections 1141 and 1143+
+Sec. 1141.+ _Obscene prints and articles._ 1. A person who sells,
lends, gives away or shows, or offers to sell, lend, give away, or
show, or has in his possession with intent to sell, lend or give
away, or to show, or advertises in any manner, or who otherwise
offers for loan, gift, sale or distribution, any obscene, lewd,
lascivious, filthy, indecent or disgusting book, magazine, pamphlet,
newspaper, story paper, writing, paper, picture, drawing, photograph,
figure or image, or any written or printed matter of an indecent
character; or any article or instrument of indecent or immoral use,
or purporting to be for indecent or immoral use or purpose, or who
designs, copies, draws, photographs, prints, utters, publishes, or in
any manner manufactures, or prepares any such book, picture, drawing,
magazine, pamphlet, newspaper, story paper, writing, paper, figure,
image, matter, article or thing, or who writes, prints, publishes, or
utters, or causes to be written, printed, published, or uttered, any
advertisement or notice of any kind, giving information, directly or
indirectly, stating, or purporting so to do, where, how, of whom, or by
what means any, or what purports to be any, obscene, lewd, lascivious,
filthy, disgusting or indecent book, picture, writing, paper,
figure, image, matter, article or thing, named in this section can
be purchased, obtained or had or who has in his possession, any slot
machine or other mechanical contrivance with moving pictures of nude
or partly denuded female figures which pictures are lewd, obscene,
Public-domain text, read in full here on John Shaqi.
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