Legal Opinion

Bartell v. United States

Supreme Court of the United States

Decided February 24, 1913No. 691PublishedCited by 111 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT' OF SOUTH DAKOTA. . The facts, which involve the construction of § 3893, Rev. Stat., and the validity of an indictment and conviction thereunder for depositing obscene matter in a post-office of the United States, are stated in the opinion.

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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT' OF SOUTH DAKOTA. . The facts, which involve the construction of § 3893, Rev. Stat., and the validity of an indictment and conviction thereunder for depositing obscene matter in a post-office of the United States, are stated in the opinion. Under the Fifth and Sixth Amendments the indictment must inform the accused of the charge with the definiteness and certainty recognized by law at the time this provision was adopted into the Constitution, and must be sufficient to protect, by the record, the defendant from a second jeopardy…

1Opinion of the CourtJustice Day

The plaintiff in error was indicted under § 3893 of the Revised Statutes, which declares certain matter unmail-■ able, for depositing a letter alleged to be obscene in a post-office of the United States. Upon trial he was convicted, and was sentenced to a term in the penitentiary. The case is brought here to review alleged errors in failing to .sustain objections made to the indictment in the court below.

The indictment charged that Bartel! did on the twenty-fourth of November, 1911, at Sioux Falls, in the County of Minnehaha, State of South Dakota, unlawfully, wil-fully, knowingly and…

2Cases cited5 opinions

  1. Durland v. United StatesSupreme Court of the United States · 1896
  2. Rosen v. United StatesSupreme Court of the United States · 1896
  3. Dunbar v. United StatesSupreme Court of the United States · 1895
  4. United States v. BennettU.S. Circuit Court for the District of Southern New York · 1879
  5. United States v. ClaflinU.S. Circuit Court for the District of Southern New York · 1875

3Cited by111 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. Roth v. United StatesSupreme Court of the United States · 1957
  3. Russell v. United StatesSupreme Court of the United States · 1962
  4. United States v. PetrilloSupreme Court of the United States · 1947
  5. Wong Tai v. United StatesSupreme Court of the United States · 1927

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