United States v. Harmon
District Court, D. Kansas
At Law. This is an indictment for depositing an obscene publication in the United States post-office in violation of the provisions of section 3893, Rev. St. U. S., (25 St. p. 496.) The prosecution grew out of the following state of facts: The defendant is the editor and publisher of a newspaper at Valley Falls, Kan., entitled “Lucifer, the Light Bearer.” It is a paper of singularity.
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At Law. This is an indictment for depositing an obscene publication in the United States post-office in violation of the provisions of section 3893, Rev. St. U. S., (25 St. p. 496.) The prosecution grew out of the following state of facts: The defendant is the editor and publisher of a newspaper at Valley Falls, Kan., entitled “Lucifer, the Light Bearer.” It is a paper of singularity. The issue in question is dated “February 14, E. M. 291.” It begins its date from 1st of January, 1501, which he calls the beginning of the era of man. Its platform or motto is: “Perfect freedom of thought and…
1Opinion of the CourtPhilips, J.
Objection to the Indictment. Both at the hearing and on the argument of the law and the facts objection was made to the sufficiency of the indictment. The court might, perhaps, with propriety pass upon this objection here, but it is always best that a case should be determined according to 'well-settled rules of procedure. At common law, objection to the sufficiency of the indictment must be taken prior to trial by motion to quash or demurrer. If not then interposed, it must come after trial by motion in arrest. 1 Whart. Crim. Law, (7th Ed.) §§ 519, 524, 525. While under the Code of this…
2Cases cited7 opinions
- Ex Parte JacksonSupreme Court of the United States · 1878
- Commonwealth v. EmmonsMassachusetts Supreme Judicial Court · 1867
- United States v. BennettU.S. Circuit Court for the District of Southern New York · 1879
- Montross v. StateSupreme Court of Georgia · 1884
- State v. RisleySupreme Court of Missouri · 1880
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3Cited by36 opinions
- 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
- American Bush v. City of South Salt LakeUtah Supreme Court · 2006
- Burton v. United StatesCourt of Appeals for the Eighth Circuit · 1906
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