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BURSTEIN v. UNITED STATES

No. 12173.

178 F.2d 665 (1949)

BURSTEIN v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 30, 1950.

Attorney(s) appearing for the Case

Caspar Willard Weinberger, San Francisco, Calif., for appellant.

James M. Carter, U. S. Atty., Ernest A. Tolin, Chief Asst. U. S. Atty., Norman W. Neukom and Herschel E. Champlin, Assts. U. S. Atty., Los Angeles, Calif., for appellee.

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

POPE, Circuit Judge.

Burstein was found guilty of depositing for mailing an obscene, lewd, lascivious and filthy book entitled "Confessions of a Prostitute", and of depositing for mailing a mimeographed letter giving information as to where and how the book might be obtained, contrary to 18 U.S.C.A. § 334* (old). On this appeal his principal contentions are: (1) that the book is not obscene...

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