UNITED STATES v. LEVINE

No. 252.

83 F.2d 156 (1936)

UNITED STATES v. LEVINE.

Circuit Court of Appeals, Second Circuit.

April 6, 1936.


Attorney(s) appearing for the Case

Harry A. Lieb, of New York City (Morris L. Ernst, Newman Levy, Alexander Lindey, and Eugene M. Kline, all of New York City, of counsel), for appellant.

Lamar Hardy, U. S. Atty., of New York City (Joseph P. Martin, Asst. U. S. Atty., and Thomas B. Flynn, Sp. Asst. U. S. Atty., both of New York City, of counsel), for the United States.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.


L. HAND, Circuit Judge.

The defendant was indicted in one count for posting an obscene circular, and in eight subsequent counts for posting obscene circulars advertising obscene books. The jury brought in a verdict of guilty only on the eighth count and the others were dismissed; the circular laid in that count was alleged to have advertised five books, of which only three are before us; they are entitled, "Secret Museum of Anthropology," "Crossways of Sex" and "Black...

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