People v. . Robinson

New York Court of Appeals

People v. . Robinson

143 N.E. 745, 237 N.Y. 567, 1924 N.Y. LEXIS 860

New York Court of Appeals·Decided January 18, 1924·Published·Cited by 1 cases

Opinion

Per Curiam.

We may not consider the question argued before us as to whether the book for the selling of which the defendant was convicted was obscene, lewd, lascivous, filthy, indecent or disgusting. By failing to move at the close of the evidence to dismiss the proceeding the defendant conceded that there was a question of fact to be determined by the court. (People v. Bresler, 218 N. Y. 567; People v. Bellavicini, 218 N. Y. 717.) The rulings of the trial court upon the exclusion of evidence were proper.

The judgment appealed from should be affirmed.

His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ., concur.

Judgment affirmed:

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Per Curiam.

We may not consider the question argued before us as to whether the book for the selling of which the defendant was convicted was obscene, lewd, lascivous, filthy, indecent or disgusting. By failing to move at the close of the evidence to dismiss the proceeding the defendant conceded that there was a question of fact to be determined by the court. (People v. Bresler, 218 N. Y. 567; People v. Bellavicini, 218 N. Y. 717.) The rulings of the trial court upon the exclusion of evidence were proper.

The judgment appealed from should be affirmed.

His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ., concur.

Judgment affirmed:

People v. . Robinson, 143 N.E. 745, 237 N.Y. 567, 1924 N.Y. LEXIS 860 (N.Y. 1924).

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Opinion

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