United States v. Clark

This is a motion in arrest of judgment. The indictment 'charges that the defendant did unlawfully and willfully, knowingly deposit and cause to be deposited for mailing and delivery, in a post-office of the United States, to-wit, the post-office at Wiscoy, in said district of Minnesota, a certain lewd, obscene, and lascivious picture of an indecent character, etc. The indictment does not separately charge both the knowingly depositing of something in the post-office, and also that the defendant knew that this which he deposited was obscene; and the point is made that the gist of the offense…