The test of an obscene book is stated to be whether the tendency of the matter charged as obscenity is to deprave or corrupt those whose minds are open to such immoral influences, who might come in contact with it. It would also be a proper test of obscenity in a painting or statue, whether the motive of the painting or statue, as indicated by it, is pure or impure.189

A picture which is so indecent that it can be described only by the use of obscene language is certainly an obscene picture.190

The exhibiting of a picture of a newly married couple showing the bride in the act of undressing, though without exposing much of her person, constitutes an offense against public decency.191

So taking the photograph of a nude woman and delivering it to her on receipt of the price is a violation of the statute prohibiting the sale of obscene pictures.192

Indecently exposing one's self in a field near a public road, seen by only one person, is not an offense.193

A

187 U. S. vs. Loftus, 12 Fed., 671;

U. S. vs. Clark, 38 Fed., 732; U. S. vs., Smith, 45 Fed., 476.

188 21 Am. and Eng. Ency. Law, 759 (2nd Ed.). 189 People vs. Muller, 96 N. Y., 408; U. S. vs. Clarke, 38 Fed., 500.

190 State vs. Pfenninger, 76 Mo.

App., 313.

191 People vs. Doris, 43 N. Y.

Supp., 571. 192 State vs. Doty, 103 Iowa, 699; State vs. Walter, 2 Mass. (Del.), 444; exposing one's person.