Legal Opinion

Moens v. United States

District Court, District of Columbia

Decided March 1, 1920No. 3306PublishedCited by 7 opinions

Appeal from the Supreme Court of the District of Columbia. Herman M. Bernelot Moens was convicted of having in his possession obscene pictures and prints for the purpose of exhibiting the same, and appeals.

1Opinion of the Court

VAN ORSDEL, Associate Justice.

Appellant, defendant below, appeals from a conviction of having in his possession obscene pictures and prints for the purpose of exhibiting the same in violation of section 872 of the District of Columbia Code.

[1-3] The first assignment of error relates to the alleged refusal of the court to grant defendant’s motion for a bill of particulars. Generally this is considered to be a matter within the sound discretion of the trial court. Du Bois v. People, 200 Ill. 157, 65 N. E. 658, 93 Am. St. Rep. 183; Tilton v. Beecher, 59 N. Y. 176, 17 Am. Rep. 337; State v.…

2Cases cited10 opinions

  1. United States v. CarllSupreme Court of the United States · 1882
  2. Rosen v. United StatesSupreme Court of the United States · 1896
  3. Evans v. United StatesSupreme Court of the United States · 1894
  4. Williams v. United StatesSupreme Court of the United States · 1897
  5. Tilton v. . BeecherNew York Court of Appeals · 1874

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3Cited by7 opinions

  1. Neufield v. United StatesCourt of Appeals for the D.C. Circuit · 1941
  2. Myers v. United StatesCourt of Appeals for the Eighth Circuit · 1926
  3. Fabacher v. United StatesCourt of Appeals for the Fifth Circuit · 1936
  4. Goodyear Service, Inc. v. PretzfelderCourt of Appeals for the D.C. Circuit · 1936
  5. Union Storage & Transfer Co. v. LamphereDistrict of Columbia Court of Appeals · 1944

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