Samuels

Defendant Marvin Samuels was charged by indictment with two counts of conspiracy to violate Penal Code, section 311.2 (preparing and distributing obscene matter) ; two counts of assault by means of force likely to cause great bodily injury (Pen. Code, § 245) ; and a final count of sodomy (Pen. Code, § 286). Defendant pleaded not guilty to all charges.

The jury acquitted defendant of sodomy but found him guilty on both charges of conspiracy, one charge of aggravated assault and the offense of simple assault included in the other charge of aggravated assault. The simple assault conviction was subsequently dismissed. The court suspended the imposition of sentence, fined defendant $3,000 and placed him on probation for a period of 10 years.

Defendant appeals from the order granting probation and from an order 'denying his motion for new trial as to the conspiracy and aggravated assault charges. The latter order is nonappealable.

Defendant Samuels, an opthalmologist, testified that he recognized the symptoms of sadomasochism in himself, and his primary concern became to control and release his sadomasochistic urges in ways which were harmless. Through his hobby of photography, he…