United States v. Grimm
U.S. Circuit Court for the District of Eastern Missouri
At Law. The clause of section 3893, as amended September 26, 1888, under which the indictment was framed, is in substance as follows: “Every written or printed card, letter, * * * or notice of any kind, giving information, directly or indirectly, where or how, or of whom, or by what means an “obscene, lewd, or lascivious book * * * or picture, * * * may be obtained or made, * * * are hereby declared non-mailable matter, and shall not be conveyed in the mails;” and any person…
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At Law. The clause of section 3893, as amended September 26, 1888, under which the indictment was framed, is in substance as follows: “Every written or printed card, letter, * * * or notice of any kind, giving information, directly or indirectly, where or how, or of whom, or by what means an “obscene, lewd, or lascivious book * * * or picture, * * * may be obtained or made, * * * are hereby declared non-mailable matter, and shall not be conveyed in the mails;” and any person “who shall knowingly deposit, or cause to be deposited, for mailing or delivery, anything declared by this section to…
1Opinion of the Court
Thayer, J.,
(after stating the facts as above.) The defendant has made four objections to the indictment, but they may be reduced to two:
First. In the first place, it is claimed that the second and fourth counts are had, because they do not allege the giving of the prohibited information “to any particular person or persons.” This objection I think is not tenable. The offense consists in depositing in the mail a letter or notice containing information of a certain sort, to-wit, information where or how obscene pictures, etc., may be procured. The offense is evidently com-' píete when a letter…
2Cases cited2 opinions
- United States v. WhittierU.S. Circuit Court for the District of Eastern Missouri · 1878
- United States v. FooteU.S. Circuit Court for the District of Southern New York · 1876
3Cited by3 opinions
- United States v. RossCourt of Appeals for the Tenth Circuit · 1953
- United States v. FulkersonU.S. Circuit Court for the District of Southern California · 1896
- United States v. KlineDistrict Court, E.D. Pennsylvania · 1913