De Gignac v. United States
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Northern District of Illinois. The indictment in this ease is based' upon section 3893 of the Revised Statutes of the United States, as amended by the act of September 26, 1888 (1 Supp. Rev. St. 621), and embraces two counts. A demurrer to the indictment having been overruled, the defendants entered their pleas of guilty to both counts. A motion in arrest of judgment was overruled, and exception duly taken.
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In Error to the District Court of the United States for the Northern District of Illinois. The indictment in this ease is based' upon section 3893 of the Revised Statutes of the United States, as amended by the act of September 26, 1888 (1 Supp. Rev. St. 621), and embraces two counts. A demurrer to the indictment having been overruled, the defendants entered their pleas of guilty to both counts. A motion in arrest of judgment was overruled, and exception duly taken. The defendants were thereupon sentenced each to pay a fine of $1,000, and to be imprisoned in the Illinois State Penitentiary at…
1Opinion of the CourtHumphrey, District Judge
The contention on behalf of plaintiffs in error is that the indict-ment does not aver that the writing therein set forth gave the prohibited information directly or indirectly; that it contains no averment that obscene, lewd, and lascivious photographic pictures or views were in fact at Nos. n to 23 Jefferson street, in the city of Chicago, or were in the possession or under the control of the Mills Novelty Company. Counsel contend that an indictment drawn under this section for mailing prohibited matter, or for mailing a writing giving information where such matter may he obtained, is…
2Cases cited3 opinions
- Grimm v. United StatesSupreme Court of the United States · 1895
- United States v. GrimmDistrict Court, E.D. Missouri · 1892
- In re RahrerU.S. Circuit Court for the District of Kansas · 1890
3Cited by7 opinions
- United States v. Jay Hornick, United States of America v. Jesse TraubCourt of Appeals for the Third Circuit · 1956
- United States v. MusgraveDistrict Court, E.D. Arkansas · 1908
- Shepard v. United StatesCourt of Appeals for the Eighth Circuit · 1908
- Kemp v. United StatesCourt of Appeals for the D.C. Circuit · 1914
- Sales v. United StatesCourt of Appeals for the Eighth Circuit · 1919
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