O'Neal v. United States

(after stating the facts as above).

The errors relied upon are: (1) Overruling the demurrer to count 1 of the indictment; (2) overruling appellants’ motion in arrest of judgment on counts 2, 3, and 4; (3) lack of evidence to support the finding as to each count.

It is contended by appellants that count 1 is defective because Government’s Exhibit No. 1,3 upon which that count is based, is not obscene.

*52Without discussion, it is sufficient to say that the exhibit is obscene as defined by the statute and as interpreted by the following decisions: Swearingen v. United States, 161 U. S. 446, 16 S. Ct.…