Timmons v. United States

The contention of counsel for plaintiff in error is that the charge in the indictment that the letter was “obscene, lewd, and lascivious” is insufficient, without adding the words, “and of an indecent character.” Ibis argued that it requires the addition of these to make tlie letter one of the character declared to be nonmailable by the statute, and so to constitute the statutory offense. It is said the word “oh-, scene” has a defined meaning, which is not the same as “indecency.” In just what respect there is a difference, for any practical purpose or in ordinary usage, has not been made…