United States v. Michael G. Thevis and Peachtree News Company, Inc.

BELL, Circuit Judge:

Appellants Thevis and Peachtree News Company, Inc. were charged in a twelve-count indictment with transporting obscene material by common carrier in interstate commerce, in violation of 18 U.S.C.A. § 1462. 1 Jury trial was waived. The subject matter of each count was a particular magazine and appellants were convicted on each of the counts. The district court, 329 F.Supp. 265, found that the material in question, i. e., each magazine, was obscene under the three-pronged test of Memoirs. 2 A term of six months imprisonment and five years probation was imposed on Thevis…