United States v. B & H DIST. CORP.

OPINION AND ORDER

JAMES E. DOYLE, District Judge.

Defendants have been indicted on three counts under 18 U.S.C. § 1462. 1 The indictment charges that on three separate occasions in the fall of 1969 defendants “did knowingly and unlawfully transport and cause to be transported in interstate commerce by means of a common carrier from New York, State of New York to Wausau, Marathon County in the Western District of Wisconsin, certain obscene, lewd, lascivious and filthy magazines.”

In an earlier order in this case, dated September 14, 1.972, I held that § 1462 forbids one to carry obscene books for…