Smith v. United States

BRYAN, Circuit Judge.

Appellant was indicted under 18 USCA § 334, and convicted, of depositing or causing to be deposited in the United States mail an obscene letter for delivery to the person to whom it was addressed. The evidence establishes without conflict that the letter was deposited in the mail and delivered by a postman to the place of address. That it was obscene and therefore nonmailable does not admit of doubt. It is appellant’s sole contention here that the evidence against him was insufficient to establish beyond a reasonable doubt that it was he who mailed the letter or caused it…