United States v. Whittier
U.S. Circuit Court for the District of Eastern Missouri
This is an indictment founded on an act of congress, approved. July 12, 1876 (19 Stat. 90), which provides that: “Every obscene, lewd, or lascivious book, pamphlet, picture, paper, writing, print, or other publication of an indecent character, and every article or thing designed or intended for the prevention of conception or procuring of abortion, and every article or thing intended or adapted for any indecent or immoral use, and every written or printed card, circular,…
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This is an indictment founded on an act of congress, approved. July 12, 1876 (19 Stat. 90), which provides that: “Every obscene, lewd, or lascivious book, pamphlet, picture, paper, writing, print, or other publication of an indecent character, and every article or thing designed or intended for the prevention of conception or procuring of abortion, and every article or thing intended or adapted for any indecent or immoral use, and every written or printed card, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where or how, or of whom,…
1Opinion of the Court
DILLON, Circuit Judge.
The question submitted has given the court some difficulty. Certain propositions and principles will aid in its correct decision:
1. Statutes creating crimes will not be extended by judicial interpretation to cases not plainly and unmistakably within their terms. If this rule is lost sight of, the courts may hold an act to be a crime when the legislature never so intended. If there is a fair doubt whether the act charged in the indictment is embraced in the criminal prohibition, that doubt is to be resolved in favor of the accused. U. S. v. Morris, 14 Pet [39 U. S.] 694;…
2Cases cited2 opinions
- Ex Parte JacksonSupreme Court of the United States · 1878
- Alexander v. StateTexas Supreme Court · 1854
3Cited by31 opinions
- Sorrells v. United StatesSupreme Court of the United States · 1932
- Grossman v. StateAlaska Supreme Court · 1969
- State v. JohnsonSupreme Court of Louisiana · 1982
- Moss v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Yick v. United StatesCourt of Appeals for the Ninth Circuit · 1917
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