Tubbs v. United States
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of South Dakota. The defendant was indicted, under section 8893 of the Revised Statutes of the United Stab's, for depositing in the post office, to ho mailed and delivered, obscene, lewd, and lascivious letters, and letters giving information where, how, and of whom articles and tilings could he obtained for the procuring of an abortion.
Read the full summary
In Error to the District Court of the United States for the District of South Dakota. The defendant was indicted, under section 8893 of the Revised Statutes of the United Stab's, for depositing in the post office, to ho mailed and delivered, obscene, lewd, and lascivious letters, and letters giving information where, how, and of whom articles and tilings could he obtained for the procuring of an abortion. The first trial of the case was a mistrial. 94 Fed. 356. A second indictment was preferred against the defendant, which was consolidated with the second, fourth, and fifth counts of the…
1Opinion of the CourtCaldwell, Circuit Judge
On the trial objection was made to the introduction of any evidence by the government in support of the second, fourth, and fifth counts on the first indictment upon the ground “that they do not state facts sufficient to constitute a public offense or a violation of the statutes of the United States, and that they do not, nor does either of them, apprise the defendant, with a sufficient directness or certainty, of the nature of the charge against him.” A like objection was made to the introduction of any evidence in support of the first, third, and fourth counts of the second indictment, “for…
2Cases cited18 opinions
- Durland v. United StatesSupreme Court of the United States · 1896
- Rosen v. United StatesSupreme Court of the United States · 1896
- Dunlop v. United StatesSupreme Court of the United States · 1897
- Evans v. United StatesSupreme Court of the United States · 1894
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
13 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Isadore Blumenfield v. United States of America, (Two Cases). Monte Perkins v. United StatesCourt of Appeals for the Eighth Circuit · 1960
- Myers v. United StatesCourt of Appeals for the Eighth Circuit · 1926
- Rinker v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- Norris v. United StatesCourt of Appeals for the Fifth Circuit · 1946
- Morris v. United StatesCourt of Appeals for the Eighth Circuit · 1908
25 more not listed; retrieve them via the Exa API.