Konda v. United States
Court of Appeals for the Seventh Circuit
In error to the District Court of the United States for the Eastern Division of the Northern District of Illinois.
1Opinion of the Court
BAKER, Circuit "Judge.
Plaintiff in error was convicted of sending an obscene pamphlet through the mails, in violation of section 3893 of the Revised Statutes (U. S. Comp. St. 1901, p. 2658).
No error was committed in overruling the demurrer to the indictment. The averment that the pamphlet was obscene, lewd, and lascivious was a statement of fact — -“no more a legal conclusion than was the one that the article deposited in the post office was a teller, *92or than would be an allegation of ownership or sale.” Rinker v. U. S., 151 Fed. 755, 81 C. C. A. 379.
The indictment, stating that the matter…
2Cases cited5 opinions
- Price v. United StatesSupreme Court of the United States · 1897
- Rinker v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- United States v. ClarkU.S. Circuit Court for the District of Minnesota · 1888
- United States v. ReidDistrict Court, W.D. Michigan · 1896
- United States v. CliffordU.S. Circuit Court for the District of West Virginia · 1900
3Cited by31 opinions
- People v. FigueroaCalifornia Supreme Court · 1986
- United States v. One Book Entitled Ulysses by James JoyceCourt of Appeals for the Second Circuit · 1934
- Sam Schwachter v. United StatesCourt of Appeals for the Sixth Circuit · 1956
- United States v. LevineCourt of Appeals for the Second Circuit · 1936
- United States v. Glenn G. Goetz, A/K/A "Glenn G. Getz" United States of America v. James Calvin PerkinsCourt of Appeals for the Eleventh Circuit · 1984
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