Raymond D. Halsey, Respondent v. the New York Society for the Suppression of Vice, Appellant

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the issue of whether the defendant had probable cause to believe the book was obscene was properly submitted to the jury because the facts were disputed. The court also noted that the trial judge's instruction that malice is presumed when there is no probable cause was inaccurate but not reversible.