United States v. Grimm
District Court, E.D. Missouri
At Law. Indictment against William Grimm for mailing lewd, lascivious, and obscene letters, in violation of Rev. St. TJ. S. § 3893. A demurrer to a former indictment was sustained on the ground of uncertainty in the allegations, (45 Fed. Rep. 558,) whereupon the defendant was reindicted. Verdict of guilty. The case is now heard on motion for new trial and motion in arrest of judgment. The letters as set out in the indictment were as follows: “WM.
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At Law. Indictment against William Grimm for mailing lewd, lascivious, and obscene letters, in violation of Rev. St. TJ. S. § 3893. A demurrer to a former indictment was sustained on the ground of uncertainty in the allegations, (45 Fed. Rep. 558,) whereupon the defendant was reindicted. Verdict of guilty. The case is now heard on motion for new trial and motion in arrest of judgment. The letters as set out in the indictment were as follows: “WM. GlUMM, PHOTOGRAPH AND ART STUDIO, N. E. OOR. OF JEFFERSON Avenue and Olive Street. “St. Louis, July 22, 1890. “Mr. Huntress, Richmond — Dear Sir: I…
1Opinion of the Court
Thayer, District Judge.
The motions in arrest and for a new trial present three questions.
1. The first is whether the indictment is bad, because the letters set out in the indictment and alleged to be nonmailable do not in themselves show with certainty that the pictures therein referred to are either lewd, lascivious, or obscene. This question was considered to some extent during the trial, and has since been more carefully considered. The court decides the question in the negative. It holds that a letter is non-mailable if it in fact conveys, and was intended to convey, information to any…
2Cases cited6 opinions
- People v. Noelke & MarksNew York Court of Appeals · 1883
- United States v. WhittierU.S. Circuit Court for the District of Eastern Missouri · 1878
- Board of Commissioners of Excise v. BackusNew York Supreme Court · 1864
- United States v. FoyeU.S. Circuit Court for the District of Massachusetts · 1853
- United States v. BottU.S. Circuit Court for the District of Southern New York · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ackley v. United StatesCourt of Appeals for the Eighth Circuit · 1912
- United States v. Jay Hornick, United States of America v. Jesse TraubCourt of Appeals for the Third Circuit · 1956
- United States v. MusgraveDistrict Court, E.D. Arkansas · 1908
- Wetzel v. United StatesCourt of Appeals for the Ninth Circuit · 1916
- De Gignac v. United StatesCourt of Appeals for the Seventh Circuit · 1902
2 more not listed; retrieve them via the Exa API.