Davis v. United States

SIMONS, Circuit Judge.

Appellants were jointly tried and convicted in each of two separate trials below. While there were two prosecutions, each for a distinct offense, and two separate appeals where taken, the cases were argued together, and, since the meritorious question in each is the same, we dispose of it in a single opinion.

In ease 6222, appellants were charged with violation of section 334, and, in case 6223, with the violation of section 396, of title 18 USCA. Section 334, so far as applicable, makes it unlawful for anyone to deposit or cause to be deposited “non-mailable matter,” and…