AGAINST
Guy Holt, Robert M. McBride
& Company and
Robert M. McBride
Brief for Defendants on Motion to Direct an Acquittal.
The defendants have moved for a directed acquittal at the close of the People’s case. The defendants did not dispute upon the trial the facts which went to make up such case as the People had. That case is that the defendants had in their possession, with intent to sell (they are publishers) a book, “Jurgen”, by Mr. James Branch Cabell; and it is contended that the book is lewd and obscene within Section 1141 of the Penal Law.
1—The Question presented is one of law, which the Court should decide.
The rule here to be applied is that obtaining in all criminal cases. It is the Court’s duty to direct an acquittal when the People’s case has failed to show guilt beyond a reasonable doubt.
People v. Gluck (188 N. Y. 167);
People v. Smith (84 Misc. 348);