103 Iowa 699 | Iowa | 1897
The admitted facts in regard to the transaction in question are as follows: The defendant carried on in Cedar Rapids a picture gallery called the “Riverside Studio..” While thus engaged, two women applied to him to take' pictures of themselves, and he complied with their request, and made several tin type pictures of them. One of the pictures was. taken of both women, and another of one of them, when nude. The pictures were completed by the defendant, and delivered to the women, who paid him twenty-five cents for each picture. It is clear, and not denied, that the pictures taken of the women when nude were obscene. The def endant was convicted under section 1 of chapter 177 of the Acts of the Twenty-first General Assembly, which contains the following: “Whoever sells, or offers for sale or gives away * * * 'any obscene, lewd, indecent, or lascivious books, pamphlets, paper drawing, lithograph,, engraving, picture, photograph, model, cast, or any instrument or article of indecent or immoral use, * * * on conviction thereof, shall be punished by a fine of not more than one thousand dollars, nor less than fifty dollars, or 'by imprisonment in the county jail not more than one year, or both such