In Re Sekuguchi

This is an application for a writ of habeas corpus. A complaint was filed against the petitioner which charged that on the eighteenth day of April, 1932, the petitioner “did willfully, unlawfully, and lewdly distribute and exhibit obscene and indecent photographs and pictures”. He was convicted, the judgment recites, of committing the offense described in the complaint.

The provisions of Penal Code, section 311, are as follows: “Sec. 311. Lewd conduct. Every person who willfully and lewdly, either: . . 3. Writes, composes, stereotypes, prints, publishes, sells, distributes, keeps for sale, or exhibits any obscene or indecent writing, paper, or book; or designs, copies, draws, engraves, paints, or otherwise prepares any obscene or indecent picture or print; or molds, cuts, casts, or otherwise makes any obscene or indecent figure; or, . . . ” Before attempting to construe the foregoing provision the following rules should be borne in mind: Every statute and code section should be construed with reference to its purpose and the objects intended to be accomplished by it. The language will be so interpreted, if possible, as to aid the design and intent of the legislature and to…