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UNITED STATES v. HORNICK

Nos. 11667, 11668.

229 F.2d 120 (1956)

UNITED STATES of America v. Jay HORNICK, Appellant. UNITED STATES of America v. Jesse TRAUB, Appellant.

United States Court of Appeals Third Circuit.

Decided January 20, 1956.

Attorney(s) appearing for the Case

Harry W. Steinbrook, Philadelphia, Pa. (Blanc, Steinberg, Balder & Steinbrook, Philadelphia, Pa., on the brief), for Jay Hornick and Jesse Traub, appellants.

Joseph L. McGlynn, Jr., Asst. U. S. Atty., Philadelphia, Pa. (W. Wilson White, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.

GOODRICH, Circuit Judge.

This is an appeal from a conviction under section 1461 of title 18 U.S.C.1 The subject matter of the section is described in the catch line as "Mailing obscene or crime-inciting matter". The defendants were indicted in a single indictment containing six counts. The case, by stipulation of counsel, was tried by the court without a jury. The judge, as fact finder, found for the defendants on four of the counts and...

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