MacFadden v. United States
Supreme Court of the United States
APPLICATION POR WRIT OP ERROR TO THE CIRCUIT COURT OP APPEALS POR THE THIRD CIRCUIT. The facts are stated in the opinion.
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APPLICATION POR WRIT OP ERROR TO THE CIRCUIT COURT OP APPEALS POR THE THIRD CIRCUIT. The facts are stated in the opinion. I. Whether or not a writ of error to this court may now be had for the purpose of reviewing the judgment of the Circuit Court of Appeals, is controlled by the Judiciary Act of March 3, 189T. The interpretation of this act has been before this court in several instances; see Robinson v. Caldwell, 165 U. S. 359, in which case appellant attempted to avail himself of independent and simultaneous appeals; See also CaYter v. Roberts, 177 U. S. 496, in which appellant, after…
1Opinion of the CourtJustice Moody
The petitioner, Bemarr Macfaddén, was indicted in the Dis trict Court of the United States for the District of New Jersey for mailing obscene literature, in violation of § 3893 of the Revised Statutes. He pleaded not guilty, and upon trial before a jury was found guilty.
Various questions of law arose in the course of the trial, which need not be stated.
After the evidence' was concluded the petitioner presented to the presiding judge many requests for instructions to the jury, which were refused., under exception. For the purposes of this case four only need to be referred to, and they…
2Cases cited7 opinions
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- Loeb v. Columbia Township TrusteesSupreme Court of the United States · 1900
- Spreckels Sugar Refining Co. v. McClainSupreme Court of the United States · 1904
- American Sugar Refining Co. v. New OrleansSupreme Court of the United States · 1901
- Robinson v. CaldwellSupreme Court of the United States · 1897
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