People v. Muller
New York Court of Appeals
96 N.Y. 408 (1884)
- Written by Katrina Sumner, JD
Facts
August Muller (defendant) was a bookstore clerk who sold photos during his employment that were deemed to violate a New York law that made the sale of obscene photos and other material a misdemeanor. The state prosecuted Muller and presented as evidence nine photographic copies of paintings of nude women in obscene postures that Muller sold. Muller’s attorney called an artist and a person who had studied art for many years as expert witnesses. Muller’s attorney asked the expert witnesses whether artists thought there was a clear line separating pure art from obscene art. The state objected, and the court excluded the question. Ultimately, a jury found Muller guilty, which meant of necessity that the jury found the photos of the paintings to be obscene. Muller appealed, and the appellate court affirmed. The case came before the New York Court of Appeals, which considered several issues, including the proper role of expert testimony in obscenity cases.
Rule of Law
Issue
Holding and Reasoning (Andrews, J.)
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