United States v. Boese
District Court, N.D. California
At Law Trial of William J. Boose for sending an obscene letter through the mails contrary to Act Cong. Sept. 26, 1888. The district attorney offered to prove that the letter was obscene; that it was placed in the bands of a local officer; that the envelope did not accompany the letter, and that the prosecution would be unable to produce any evidence of the name of the lady to whom it was addressed; that the officer, by means of a decoy letter, discovered defendant, who, in…
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At Law Trial of William J. Boose for sending an obscene letter through the mails contrary to Act Cong. Sept. 26, 1888. The district attorney offered to prove that the letter was obscene; that it was placed in the bands of a local officer; that the envelope did not accompany the letter, and that the prosecution would be unable to produce any evidence of the name of the lady to whom it was addressed; that the officer, by means of a decoy letter, discovered defendant, who, in the presence of throe officers, voluntarily confessed that he wrote the letter, and deposited it in the mails.…
1Opinion of the CourtHoffman, J.
Whether the depositing of an obscene letter in the post-office with no address to it at all would constitute an offense under that act of June 18, 1888, amending section 8893, Rev. St. U. S., it is not necessary now to decide I do not contend or suppose that the sole object of the act was to protect the feelings of parties to w.hom the obscene letter might be addressed. I do not think it was to protect the post-office clerks, either, from being contaminated by reading such objectionable communications. I suppose, though, that, should it appear that a man had a mistress or other person, and…
2Cited by8 opinions
- Forte v. United StatesCourt of Appeals for the D.C. Circuit · 1937
- Daeche v. United StatesCourt of Appeals for the Second Circuit · 1918
- Naftzger v. United StatesCourt of Appeals for the Eighth Circuit · 1912
- State v. Francis Noboru YoshidaHawaii Supreme Court · 1960
- Gaines v. StateIndiana Supreme Court · 1921
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