New York Court of Appeals
The People of the State of New York v. Edward McGuire
April 16, 19595 N.Y.2d 523
Summary
The Court of Appeals held that an information charging possession of obscene material must allege the statutory intent element; because the information omitted the required "with intent to sell" language, it was jurisdictionally defective and the conviction was reversed and the information dismissed. Justice Burke dissented, arguing the omission was not fatal and the conviction should be affirmed.