Burstein

Burstein was found guilty of depositing for mailing an obscene, lewd, lascivious and filthy book entitled “Confessions of a Prostitute”, and of depositing for mailing a mimeographed letter giving information as to where and how the book might be obtained, contrary to 18 U.S.C.A. § 334 (old). On this appeal his principal contentions are: (1) that the book is not obscene as a matter of law; (2) that the court gave the jury an erroneous definition of obscenity; and (3) that the trial judge denied him effective representation by counsel.

The book in question had been copied by Burstein from a book published by The Macaulay Company entitled “Sterile Sun”. It had been issued by that company in a special edition “the sale of which is limited to physicians, psychiatrists, sociologists, social workers, educators and other persons having a professional interest in the psychology of adolescents”. It carried an introduction written by the Rev. John -Howard Melish which emphasized the statement that the book was written for the professional group mentioned and that it should not be placed on the shelves of a public library for “young people with a pornographic urge to read”. It was shown that…