United States v. Schillaci

IRVING R. KAUFMAN, District Judge.

Defendant is charged in an eight count indictment with having wilfully and knowingly mailed circulars which gave information where and by what means obscene films, slides and photographs could be obtained in violation of 18 U.S. C. § 1461. The eight counts are similar differing only in the alleged dates of mailing and in the names of the addressees. 1 Defendant now moves for a dismissal of the indictment and for a bill of particulars.

In support of his motion to dismiss, defendant argues that the indictment fails to state facts sufficient to constitute a crime…