Legal Opinion

Grimm v. United States

Supreme Court of the United States

Decided March 4, 1895No. 424PublishedCited by 172 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. Section 3893, Revised Statutes, as amended by section 2 of the act of Congress of September 26, 1888, c. 1039, 25 Stat. 496, provides that “ every obscene, lewd, or lascivious book, pamphlet, picture, . . . and every written or printed card, letter, . . . giving information, directly or indirectly, where or how, or of whom, or by what means any of the herein-before mentioned matters,…

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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. Section 3893, Revised Statutes, as amended by section 2 of the act of Congress of September 26, 1888, c. 1039, 25 Stat. 496, provides that “ every obscene, lewd, or lascivious book, pamphlet, picture, . . . and every written or printed card, letter, . . . giving information, directly or indirectly, where or how, or of whom, or by what means any of the herein-before mentioned matters, articles, or things may be obtained or made, whether sealed as first-class matter or not, are hereby declared to be…

1Opinion of the CourtJustice Brewer

The sufficiency of the indictment is the first question presented. It is insisted that the possession of obscene, lewd, or lascivious pictures constitutes no offence' under the statute. This is undoubtedly true, and no conviction was sought for the mere possession of such pictures. The gravamen of the compláint is that the defendant wrongfully used the mails for transmitting information to others of the place where such pictures could be obtained, and the allegation of possession is merely the statement of a fact tending to interpret the letter which he wrote and placed in the post-office.

It…

2Cases cited2 opinions

  1. People v. Noelke & MarksNew York Court of Appeals · 1883
  2. Commonwealth v. BakerMassachusetts Supreme Judicial Court · 1892

3Cited by172 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Sorrells v. United StatesSupreme Court of the United States · 1932
  3. Lewis v. United StatesSupreme Court of the United States · 1967
  4. Rosen v. United StatesSupreme Court of the United States · 1896
  5. United States v. DennisCourt of Appeals for the Second Circuit · 1950

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