Swearingen v. United States
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. In the District Court of the United States for the District of Kansas, November term, 1895, Dan K. Swearingen was indicted, under the provisions of section 3893 of the Revised Statutes, for depositing in the post office of the United States, at Burlington, Kansas, to be conveyed by mail and delivered to certain named persons a certain publication or newspaper, entitled “ The Burlington Courier,”…
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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. In the District Court of the United States for the District of Kansas, November term, 1895, Dan K. Swearingen was indicted, under the provisions of section 3893 of the Revised Statutes, for depositing in the post office of the United States, at Burlington, Kansas, to be conveyed by mail and delivered to certain named persons a certain publication or newspaper, entitled “ The Burlington Courier,” dated September 21, 1894, and containing a certain article charged to be of an obscene, lewd, and lascivious character, and…
1Opinion of the CourtJustice Shiras
The record discloses that the defendant below was, in the month of September, 1894, the éditor and publisher of a newspaper called “ The Burlington Courier,” and was indicted for having mailed several copies of the paper, containing the article referred to in the previous statement, addressed to different persons.
The bill of exceptions shows that, at the trial, the government offered the article in question in evidence, and that the defendant objected for the reasons that no public offence was stated in the indictment, that there was a misjoinder of offences, and that the words of said…
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