Preston McCrossen v. United States

HILL, Circuit Judge.

McCrossen was charged by information with six counts of knowingly depositing in the United States mail certain items of nonmailable matter, in violation of 18 U.S.C.A. § 1718. 1 He was tried before a jury on all six counts and was convicted upon Counts 3, 5 and 6, from which judgment of conviction he appeals.

The alleged nonmailable matter consisted in each instance of an envelope upon the outside of which was written language that the Government claimed to .be of a defamatory character. The envelope involved in Count 3 was postmarked on March 17, 1962, was addressed to…