ALPERS v. UNITED STATES

No. 12157.

175 F.2d 137 (1949)

ALPERS v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

May 31, 1949.


Attorney(s) appearing for the Case

Hone & Lobree and Haskell Titchell, San Francisco, Cal., for appellant.

Frank J. Hennessy, U.S. Atty., Daniel C. Deasy, Jr., Assst. U.S. Atty., San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and BONE and ORR, Circuit Judges.


ORR, Circuit Judge.

Appellant was convicted on two counts of an information charging him with knowingly depositing with the Railway Express Agency, for carriage in interstate commerce, certain obscene phonograph records. This, according to the Government's theory, constitutes a violation of certain of the provisions of 18 U.S.C.A. § 396 [now § 1462].

That the phonograph records were deposited for carriage in interstate commerce is admitted; that...

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