November 14, 1922.
BRIEF FOR THE DEFENDANTS ON
MOTION TO DIRECT AN
ACQUITTAL
INDEX
| PAGE | ||
|---|---|---|
| [I.] | The question presented is one of law, which the Court should decide | [20] |
| [II.] | The test is the literary as distinct from the pornographic | [21] |
| [III.] | In applying this test, all reasonable doubt should be resolved in favor of the book | [30] |
| [IV.] | In judging the book by the standards above indicated, it must be read as a whole, and, on that basis, it must be upheld even though it may contain portions which would not stand the test if isolated | [31] |
| [V.] | The book, read as a whole, sustains the test of the law | [34] |
| [VI.] | The passages, to which reference has been made in the complaint originally filed in Special Sessions, are not indecent | [57] |
| [VII.] | In conclusion | [68] |
Court of General Sessions of the Peace
IN AND FOR THE COUNTY OF NEW YORK.
People of the State of New
York