Legal Opinion

Burstein v. United States

Court of Appeals for the Ninth Circuit

Decided January 30, 1950No. 12173_1PublishedCited by 22 opinions

1Opinion of the Court

POPE, Circuit Judge.

Burstein was found guilty of depositing for mailing an obscene, lewd, lascivious and filthy book entitled “Confessions of a Prostitute”, and of depositing for mailing a mimeographed letter giving information as to where and how the book might be obtained, contrary to 18 U.S.C.A. § 334 * (old). On this appeal his principal contentions are: (1) that the book is not obscene as a matter of law; (2) that the court gave the jury an erroneous definition of obscenity; and (3) that the trial judge denied him effective representation by counsel.

The book in question had been copied…

2Cases cited11 opinions

  1. Adams v. United States Ex Rel. McCannSupreme Court of the United States · 1943
  2. Rosen v. United StatesSupreme Court of the United States · 1896
  3. Smith v. Hoboken Railroad, Warehouse & Steamship Connecting Co.Supreme Court of the United States · 1946
  4. United States v. One Book Entitled Ulysses by James JoyceCourt of Appeals for the Second Circuit · 1934
  5. Parmelee v. United StatesCourt of Appeals for the D.C. Circuit · 1940

6 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. People v. McIntyreNew York Court of Appeals · 1974
  2. State v. MartinArizona Supreme Court · 1967
  3. Besig v. United StatesCourt of Appeals for the Ninth Circuit · 1953
  4. One, Incorporated, a Corporation v. Otto K. Olesen, Individually and as Postmaster of the City of Los AngelesCourt of Appeals for the Ninth Circuit · 1957
  5. United States v. RedfieldDistrict Court, D. Nevada · 1961

17 more not listed; retrieve them via the Exa API.

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