MOUNCE v. UNITED STATES

No. 15083.

247 F.2d 148 (1957)

Mervin MOUNCE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 11, 1957.


Attorney(s) appearing for the Case

C. C. Rowan, Spokane, Wash., for appellant.

William B. Bantz, U. S. Atty., and William M. Tugman, Asst. U. S. Atty., Spokane, Wash., for appellee.

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


PER CURIAM.

We are in agreement with Judge Driver's opinion that the standard to be applied in determining whether or not publications are obscene within the meaning of § 1305(a) of Title 19 U.S. C.A. "is the judgment of the average, normal, reasonable, prudent person of the community in which the publication is circulated. If, at the time of such circulation, considered as a whole it offends the sense of propriety, morality, and decency of such average person...

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