United States v. Anderson

BOURQUIN, District Judge.

The indictment charges that defendant mailed “a certain envelope, upon and on the outside of which was then and there written a libelous, scurrilous, and defamatory epithet, * * * as follows: Liars” — following the address, “Montana Loyalty League,” a voluntary association of persons. He objected to evidence, upon the ground that no offense is charged within section 212, Criminal Code (section 10382, West’s Comp. Stats.).

Convicted on evidence also disclosing that the envelope contained mailable matter, though not alleged in the indictment, upon the same ground he…