WEATHERS v. UNITED STATES

No. 9541.

117 F.2d 585 (1941)

WEATHERS v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

February 11, 1941.


Attorney(s) appearing for the Case

P. Donald DeHoff and William J. DeHoff, both of Jacksonville, Fla., for appellant.

Herbert S. Phillips, U. S. Atty., of Tampa, Fla., W. A. Paisley, Asst. U. S. Atty., of Jacksonville, Fla., and Hayford O. Enwall, Asst. U. S. Atty., of Miami, Fla., for appellee.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.


McCORD, Circuit Judge.

Alvah H. Weathers was convicted on count one of an indictment which charged that he had in violation of 18 U.S.C.A. § 334 sent information through the mails as to where, how, and from whom an abortion could be procured.

It is contended that the court erred in denying the defendant's motion to quash the indictment. Count one sets out the letters which were mailed by Weathers, and charges that these letters were designed and intended...

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