UNITED STATES v. ROTH

No. 387, Docket 24030.

237 F.2d 796 (1956)

UNITED STATES of America, Appellee, v. Samuel ROTH, Appellant.

United States Court of Appeals Second Circuit.

Decided September 18, 1956.

Writ of Certiorari Granted January 14, 1957.


Attorney(s) appearing for the Case

Philip Wittenberg, New York City (Wittenberg, Carrington & Farnsworth and Irving Like, New York City, on the brief), for appellant.

George S. Leisure, Jr., Asst. U. S. Atty., S. D. N. Y., New York City (Paul W. Williams, U. S. Atty., New York City, on the brief), for appellee.

Before CLARK, Chief Judge, and FRANK and WATERMAN, Circuit Judges.


Writ of Certiorari Granted January 14, 1957. See 77 S.Ct. 361.

CLARK, Chief Judge.

This is an appeal by Samuel Roth from his conviction for violation of 18 U.S.C. § 1461. The indictment contained twenty-six counts charging the mailing of books, periodicals, and photographs (and circulars advertising some of them) alleged to be "obscene, lewd, lascivious, filthy and of an indecent character." Three counts were dismissed. After a trial the jury found defendant...

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