Obscenity

In Criminal Law. Such indecency as is calculated to promote the violation of the law and the general corruption of morals. It is that form of indecency which is calculated to promote the general corruption of morals.

XT. S. v. Males, 51 Fed. 41.

In all cases an indictment for obscenity must aver exposure and offence to the community geneiallj; mere prhate indecency is not indictable at common law; 2 Wliart.

Cr. L. § 1451.

— The test is: ‘‘Whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall L. R. 3 Q. Ik 371; it is no defence that it was (lone with the idea of accomplishing a good purpose; id.; L. R. 7 C. P. 201;

— or that the matter is ail accurate report of a judicial proceeding; id. The exhibition of an obscene picture is an indictable offence at common law, although not charged to have bo«*n exhibited in public, if it be averred that the picture was exhibited to sundry persons for money; Arch. Cr. Pr. 1034; Com. v. Sharpless, 2 8. & R. (Pa.) 91, 7 Am. Dec. 032. The stat. 20 and 21 Viet. c. 83, gives summary powers for the sc arching of houses in which obscene books, etc., are suspected to be kept, and for the sci/uie and destruction of such books. By various acts of congress, the importation and circulation, through the mails or in interstate commerce, of obscene literature or articles of any kind is rendered punishable with tine or imprisonment; R. 8. §§ 2131, 3893, 5589; Act of Aug. 5, 1969; Act of March 4, 1909. See Com. v. Landis, 8 Phila. (Pa.) 453; Com. v. Dej irdin, 120 Mass. 40, 30 Am. Rep. 032; Fuller v. People, 02 111. 182'; U. 8. v. Males, 51 Fed. 41. R. 8. § 3893, as amendnot in contravention of the first amendment to the constitution providing that the freedom of the press shall not be abridged; Re Jackson, 9(5 U. S. 727, 24 L. Ed. 877; Harman v. U. S., 50 Fed. 921. An obscene book or paper within the act relating to nonmailable matter means one which contains immodest and indecent matter, the reading whereof would have a tendency to deprave and corrupt the minds of those in whose hands the publication might fall, and whose minds are open to such immoral influences; U. 8. v. Clarke, 38 Fed. 752. Mailing a private sealed letter containing obscene matter is an offence within the statute; Andrews v. U. 8., 3(52 U. S. 420, 16 Slip. Ct. 798, 40 U Ed. 1023; U. 8. v. Gaylord, 50 Fed. 410. It is not essential to the commission of the offence that the defendant personally mailed the* objectionable matter; Burton v. II. S., 142 Fed. 57, 73 C. C. A. 213; nor that tbe entire contents of a newspaper or parcel deposited in the mail be objectionable; Domolli