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TRESCA v. UNITED STATES

No. 62.

3 F.2d 556 (1924)

TRESCA v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

November 10, 1924.

Attorney(s) appearing for the Case

Griffiths & Content, of New York City (Harold A. Content and Clarence V. Opper, both of New York City, of counsel), for plaintiff in error.

William S. Hayward, U. S. Atty., of New York City (Maxwell S. Mattuck, of New York City, of counsel), for the United States.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

MANTON, Circuit Judge.

The indictment charged the plaintiff in error in eight counts with violation of section 211 of the Criminal Code (Comp. St. § 10381). Seven counts charged mailing and causing to be mailed various obscene books to different persons. In the eighth count there is charged the mailing of a newspaper containing an advertisement giving information as to birth control. There was an acquittal on the first seven counts, and conviction on the eighth...

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