United States v. Janes
U.S. Circuit Court for the District of Southern California
This was an indictment in two counts against J. F. Janes, for violation of Rev. St. § 389J, by mailing a newspaper containing obscene matter. The case was heard on demurrer to the indictment. The first count was based on an article entitled “Ripe and Unripe Women.”
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This was an indictment in two counts against J. F. Janes, for violation of Rev. St. § 389J, by mailing a newspaper containing obscene matter. The case was heard on demurrer to the indictment. The first count was based on an article entitled “Ripe and Unripe Women.” The article was set out in full in the indictment, and contained, in suggestive language, a description of the physical appearance of ilic “Ripe Woman,” and of the writer's idea of Ihe thoughts excited thereby in the beholders: also, a description, in coarse, rude terms, of the “TJnripe Woman,” with a reference to unnatural…
1Opinion of the Court
WELLBORN, District Judge.
This is a demurrer to the indictment. The grounds of demurrer are: First, that the publication set forth in the indictment is not obscene, nor otherwise in violation of section 3893 of the Revised Statutes of the United States, under which said indictment was found; second, that the indictment alleges that the newspaper containing the publication was inclosed in a wrapper; third, that the indictment does not allege prepayment of postage; fourth, that the indictment is duplicitous, in charging that the defendant “did deposit, and cause to be deposited,” etc. These…
2Cases cited12 opinions
- United States v. BennettU.S. Circuit Court for the District of Southern New York · 1879
- United States v. HarmonDistrict Court, D. Kansas · 1891
- United States v. FeroDistrict Court, E.D. Wisconsin · 1883
- United States v. MartinDistrict Court, W.D. Virginia · 1892
- United States v. NathanDistrict Court, N.D. Iowa · 1894
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3Cited by5 opinions
- Bernes B. Stone v. John W. Wingo, WardenCourt of Appeals for the Sixth Circuit · 1969
- United States v. Delaware, L. & W. R.U.S. Circuit Court for the District of Southern New York · 1907
- Murray v. United StatesCourt of Appeals for the Fourth Circuit · 1917
- United States v. HarrisDistrict Court, D. Nevada · 1903
- United States v. VillanuaDistrict Court, D. Puerto Rico · 1908