Legal Opinion

United States v. Warner

District Court, D. Washington

Decided January 16, 1894No. 690PublishedCited by 1 opinion

At Law. Indictment of J. M. Warner for mailing an indecent letter in a sealed envelope, in violation of section 3893, Eev. St., as amended by Act Sept. 26, 1888, (1 Supp. Eev. St. [2d Ed.] 621.)

1Opinion of the Court

HANFORD, District Judge.

The question raised by the demurrer to the indictment in this case is whether the sending by mail in a sealed envelope of a personal written communication from one individual to another is a crime, cognizable in this court. The indictment is founded upon section 3893, Rev. St., which, as amended by Act Sept. 26, 1888, (1 Supp. Rev. St. [2d Ed.] 621,) reads as follows:

“Every obscene, lewd or lascivious book;, pamphlet, picture, paper, letter, writing, print, or other publication of an indecent character, • • whether sealed as first-class matter or not, are hereby…

2Cases cited3 opinions

  1. United States v. ChaseSupreme Court of the United States · 1890
  2. United States v. WilsonDistrict Court, N.D. California · 1893
  3. United States v. AndrewsDistrict Court, S.D. California · 1893

3Cited by1 opinion

  1. United States v. LingDistrict Court, D. Connecticut · 1894

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