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73 Tenn. 506

State v. Pennington

Tennessee Supreme Court

Decided September 15, 1880

Tennessee Supreme Court · decided 1880-09-15

<p>CmHmAL Law. Indictment. Obscenity. It is indictable to introduce obscene pictures into a school, and the indictment need not describe the picture particularly. It is sufficient to allege the introduction of an obscene picture, to the corruption of the public morals of the school.</p>

Cited by 1 later decisions — most recently May 1993

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1880-09-15

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McFaeland, J.,

¶1delivered the opinion of the court.

¶2Section 4847 of the Code is as follows: “If any person print, publish, import, sell or distribute any book, pamphlet, ballad or any printed paper containing obscene language or obscene prints, pictures or descriptions, manifestly tending to corrupt the public morals; or introduce the same into any family, school or place of education; or have the same in his possession for the purpose of loan, sale, exhibition or circulation, with intent to introduce the same into, any family, school or place of education, he shall be guilty of a misdemeanor.”

¶3The indictment presents: “That George Pennington, on the 10th .of July, 1879, in said county of Scott, at ■ Hew Salem, a place of education, unlawfully, wilfully, obscenely and publicly introduced an obscene picture into a public school at said Hew Salem, manifestly tending to corrupt the morals of said school,” etc. A motion to quash was made, because the indictment does not aver what obscene picture was introduced into said school, and because the indictment is vague and uncertain and does not sufficiently describe the offense. The motion was sustained and the State appealed.

¶4We hold the indictment sufficient. Reverse the judgment and remand the cause.

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