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SMITH v. UNITED STATES

No. 6531.

63 F.2d 110 (1933)

SMITH v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

February 8, 1933.

Attorney(s) appearing for the Case

W. R. Blain, of Beaumont, Tex., for appellant.

S. D. Bennett, U. S. Atty, of Beaumont, Tex.

Before BRYAN, HUTCHESON, and WALKER, Circuit Judges.

BRYAN, Circuit Judge.

Appellant was indicted under 18 US CA § 334, and convicted, of depositing or causing to be deposited in the United States mail an obscene letter for delivery to the person to whom it was addressed. The evidence establishes without conflict that the letter was deposited in the mail and delivered by a postman to the place of address. That it was obscene and therefore nonmailable does not admit of doubt. It is appellant's sole contention here...

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