UNITED STATES v. NEWMAN

No. 393.

143 F.2d 389 (1944)

UNITED STATES v. NEWMAN.

Circuit Court of Appeals, Second Circuit.

June 26, 1944.


Attorney(s) appearing for the Case

Herbert Zelenko, of New York City (Gilbert S. Rosenthal, of New York City, of counsel), for appellant.

Thomas K. Fisher, Asst. U. S. Atty., and James B. M. McNally, U. S. Atty., both of New York City, for appellee.

Before L. HAND, SWAN, and CLARK, Circuit Judges.


PER CURIAM.

Newman, the appellant, was convicted of sending copies of obscene magazines through the mails and by express, §§ 334 and 396 of Title 18, U.S.C.A. He does not assert that there was not enough evidence to support the verdict against him, but he does complain: (1) that the judge's charge was confusing; (2) that he refused to give "essential" instructions; and (3) that he never ruled that the magazines were obscene "as a matter of law," before submitting...

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