Commonwealth ex rel. Rosintoski v. Myers

Lycoming County Court of Common Pleas

Commonwealth ex rel. Rosintoski v. Myers

20 Pa. D. & C.2d 637, 1960 Pa. Dist. & Cnty. Dec. LEXIS 340

CourtPennsylvania Court of Common Pleas, Lycoming County

DecidedFebruary 11, 1960

Docketno. 22

StatusPublished

This text of 20 Pa. D. & C.2d 637 (Commonwealth ex rel. Rosintoski v. Myers) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lycoming County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Commonwealth ex rel. Rosintoski v. Myers, 20 Pa. D. & C.2d 637, 1960 Pa. Dist. & Cnty. Dec. LEXIS 340 (Pa. Super. Ct. 1960).

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Opinion

Williams, P. J.,

— Jack R. Rosintoski has petitioned for a writ of habeas corpus, claiming that he is unlawfully detained in the Lycoming County jail. He was arrested by city police for possession of obscene literature and is in jail for lack of bail. He is charged under The Penal Code of June 24, 1939, P. L. 872, as amended by the Act of July 17,1957, P. L. 972, 18 PS §4524, which is to the effect that any person who sells, lends, distributes, exhibits, gives away or shows any obscene literature is guilty of a felony.

A search warrant was issued by the city police to search the room of a friend of Rosintoski. A brief case was found in the search which contained pictures of nude women as well as several books. We are of the opinion that these pictures are obscene even though some of our intellectuals may consider such art.

We are of the further opinion, however, that defendant did not violate the act. There was not sufficient material to show' that he was in the business of distributing obscene literature. From the testimony it appears that while he was at city hall answering another charge, he called his friend and told him to take custody of his case. The officers evidently overheard this conversation and for this reason a search warrant was issued. Mere possession of this type of material is not a violation.

And now, February 11, 1960, the warden of Lycoming County is directed to release Jack R. Rosintoski from the Lycoming County jail insofar as the warrant concerning his arrest for obscéne literature is concerned.

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Williams, P. J.,

— Jack R. Rosintoski has petitioned for a writ of habeas corpus, claiming that he is unlawfully detained in the Lycoming County jail. He was arrested by city police for possession of obscene literature and is in jail for lack of bail. He is charged under The Penal Code of June 24, 1939, P. L. 872, as amended by the Act of July 17,1957, P. L. 972, 18 PS §4524, which is to the effect that any person who sells, lends, distributes, exhibits, gives away or shows any obscene literature is guilty of a felony.

A search warrant was issued by the city police to search the room of a friend of Rosintoski. A brief case was found in the search which contained pictures of nude women as well as several books. We are of the opinion that these pictures are obscene even though some of our intellectuals may consider such art.

We are of the further opinion, however, that defendant did not violate the act. There was not sufficient material to show' that he was in the business of distributing obscene literature. From the testimony it appears that while he was at city hall answering another charge, he called his friend and told him to take custody of his case. The officers evidently overheard this conversation and for this reason a search warrant was issued. Mere possession of this type of material is not a violation.

And now, February 11, 1960, the warden of Lycoming County is directed to release Jack R. Rosintoski from the Lycoming County jail insofar as the warrant concerning his arrest for obscéne literature is concerned.

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Bluebook (online)

20 Pa. D. & C.2d 637, 1960 Pa. Dist. & Cnty. Dec. LEXIS 340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-rosintoski-v-myers-pactcompllycomi-1960.