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DYSART v. UNITED STATES

No. 4294.

4 F.2d 765 (1925)

DYSART v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 6, 1925.

Attorney(s) appearing for the Case

John F. Weeks and J. M. Nealon, both of El Paso, Tex. (Joseph McGill, of El Paso, Tex., on the brief), for plaintiff in error.

N. J. Morrison, Asst. U. S. Atty., and H. R. Gamble, Sp. Asst. U. S. Atty., both of El Paso, Tex. (John D. Hartman, U. S. Atty., of El Paso, Tex., on the brief), for the United States.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

The plaintiff in error was convicted under all of the 11 counts of an indictment which charged that he knowingly deposited and caused to be deposited in the post office at El Paso, Tex., for mailing, conveyance, and delivery through the United States mails, a letter and printed card inclosed in an envelope, which letter and card were copied in the first count, and were alleged to be obscene, lewd, and lascivious. Each of the counts set out an...

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