United States v. Somers
District Court, S.D. California
On Demurrer to Indictment. The indictment alleges that the defendant on the 17th day of February. 1908, received a letter, of which tlie following is a copy, viz.: “Escondido, Cal., Feb. 19, 1908. “Dr. George C. Somers, Dos Angeles, Cal. — Dear Doctor: I noticed your ad. in the Times, and think you can be of assistance to us, or rather my wife, in a professional way. She is about six weeks along in the family way, but she is determined not to have a baby.
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On Demurrer to Indictment. The indictment alleges that the defendant on the 17th day of February. 1908, received a letter, of which tlie following is a copy, viz.: “Escondido, Cal., Feb. 19, 1908. “Dr. George C. Somers, Dos Angeles, Cal. — Dear Doctor: I noticed your ad. in the Times, and think you can be of assistance to us, or rather my wife, in a professional way. She is about six weeks along in the family way, but she is determined not to have a baby. Have you any kind of medicine or something we can use here at home by directions you give, and which will keep her from having a baby? How…
1Opinion of the CourtWellborn, District Judge
(after stating the facts as above). First. The indictment is not defective because of its failure to specify the articles or things about which defendant’s letter is alleged to have given information. In this respect the allegations here áre the same as in Lee v. United States, 156 Fed. 948, 84 C. C. A. 448, where, as appears from those unreported parts of the record in the Court of Appeals which were used by the government at the oral argument on this demurrer, the precise point was raised by demurrer and urged by plaintiff in error in his brief. Among other grounds of demurrer were the…
2Cases cited6 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Grimm v. United StatesSupreme Court of the United States · 1895
- White v. United StatesSupreme Court of the United States · 1903
- United States v. WhittierU.S. Circuit Court for the District of Eastern Missouri · 1878
- Lee v. United StatesCourt of Appeals for the Ninth Circuit · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bours v. United StatesCourt of Appeals for the Seventh Circuit · 1915
- El Pueblo de Puerto Rico v. BermúdezSupreme Court of Puerto Rico · 1954
- State v. RiemanSupreme Court of Kansas · 1925
- State v. DeanerWest Virginia Supreme Court · 1985
- Kemp v. United StatesCourt of Appeals for the D.C. Circuit · 1914
3 more not listed; retrieve them via the Exa API.