Legal Opinion

United States v. Wroblenski

District Court, E.D. Wisconsin

Decided November 5, 1902PublishedCited by 6 opinions

On motion to quash indictment under section 3893, as amended by 25 Stat. 496 [U. S. Comp. St. 1901, p. 2658], for mailing a letter “of an indecent character,” alleged to be “obscene, lewd, and lascivious.”

1Opinion of the Court

SEAMAN, District Judge.

The letter in question is directed to the mother of the defendant, refers to epithets applied by the former to the latter, and, in effect, charges the mother with adulterous intercourse with a son-in-law. It is atrocious in spirit, and indecent in the plain implications of the language. It is grossly defamatory, but the statute does not intend protection against libels of the person addressed. “The offense aimed at,” as held in- Swearingen v. U. S., 161 U. S. 446, 450, 16 Sup. Ct. 562, 40 L. Ed. 765, “was the use of the mails to circulate or deliver matter to corrupt…

2Cases cited11 opinions

  1. Spalding v. VilasSupreme Court of the United States · 1896
  2. Dunlop v. United StatesSupreme Court of the United States · 1897
  3. United States v. ChaseSupreme Court of the United States · 1890
  4. Swearingen v. United StatesSupreme Court of the United States · 1896
  5. Andrews v. United StatesSupreme Court of the United States · 1896

6 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. United States v. 31 Photographs 4¾" X 7"District Court, S.D. New York · 1957
  2. United States v. MooreDistrict Court, W.D. Missouri · 1904
  3. United States v. DavidsonDistrict Court, N.D. New York · 1917
  4. Commonwealth v. GordonPhiladelphia County Court of Quarter Sessions · 1949
  5. United States v. MusgraveDistrict Court, E.D. Arkansas · 1908

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API