United States v. Males
District Court, D. Indiana
At Law. Indictment for mailing obscene matter. The objectionable writing was not set out in the indictment, and the question whether it came within the meaning of the statute arose on an objection to its introduction in evidence. The court directed a verdict of not guilty.
1Opinion of the Court
Baker, District Judge.
This is a prosecution for sending obscene matter through the mail. The defendant wrote on the margin of a valentine the following:
“You can keep this to wipe your dirty a— on, and spend your money to pay your debts, or have your picture taken again in men’s clothing. We can prove you sent them for slander. ”
The valentine with this writing on it was inclosed in a sealed envelope addressed to one Cora Anderson, and was sent to her through the mail. The counsel for the defendant contend that the writing does not constitute a public offense. They insist that the use of merely…
2Cases cited10 opinions
- State v. . TooleSupreme Court of North Carolina · 1890
- Thomas v. StateIndiana Supreme Court · 1885
- McNair v. PeopleIllinois Supreme Court · 1878
- State v. BrownSupreme Court of Vermont · 1855
- Commonwealth v. WrightMassachusetts Supreme Judicial Court · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Parmelee v. United StatesCourt of Appeals for the D.C. Circuit · 1940
- Commonwealth v. IsenstadtMassachusetts Supreme Judicial Court · 1945
- Duncan v. United StatesCourt of Appeals for the Ninth Circuit · 1931
- Jamison v. StateTennessee Supreme Court · 1906
- Sunshine Book Company v. SummerfieldDistrict Court, District of Columbia · 1955
9 more not listed; retrieve them via the Exa API.