United States v. Dale P. Ewing, D/B/A Action Publishing Company

ALDISERT, Circuit Judge.

The main thrust of this appeal from a conviction of ten counts of violating 18 U.S.C. § 1461, 1 knowing use of the mails for the delivery of obscene material, has been blunted by the recent decision in United States v. Reidel, 402 U.S. 351, 91 S.Ct. 1410, 28 L.Ed.2d 813 (1971), which reaffirmed the constitutionality of the Act. Remaining for our consideration is a challenge to the court’s charge and the question whether sufficient evidence was introduced to submit the case to the jury under the standards of Roth v. United States, 354 U.S. 476, 77 S.Ct. 1304, 1 L.Ed.2d…