United States v. Clarke
District Court, E.D. Missouri
At Law. On demurrer to indictment. Frank D. Clarke was indicted under Rev. St. U. S. § 3893, as amended by act Cong. Sept. 26, 1888, (25 U. S.-St. at Large, 496.) He demurs to the indictment.
1Opinion of the CourtThayer, J.
The indictment in this case is in the usual form. One of the counts, which may be taken as a sample of all, alleges that the defendant knowingly deposited for mailing in the post-office at the city of-St. Louis, a certain obscene, lewd, and lascivious pamphlet of an indecent character, entitled, “Dr. Clarke’s Treatise on Venereal, Sexual, *501Nervous, and Special Diseases,” which was addressed to “Mr. W. E. Deer, Bluff Mills, Indiana,” and is so obscene, lewd, and lascivious that said pamphlet would be offensive if set forth in full in the indictment. Defendant demurs to the indictment on the…
2Cases cited1 opinion
- United States v. CarllSupreme Court of the United States · 1882
3Cited by15 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- United States v. KennerleyDistrict Court, S.D. New York · 1913
- Parmelee v. United StatesCourt of Appeals for the D.C. Circuit · 1940
- Commonwealth v. IsenstadtMassachusetts Supreme Judicial Court · 1945
- Burton v. United StatesCourt of Appeals for the Eighth Circuit · 1906
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