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UNITED STATES v. KELLER

Crim. No. 12702.

158 F.Supp. 940 (1958)

UNITED STATES of America v. James S. KELLER.

United States District Court M. D. Pennsylvania.

January 9, 1958.

Attorney(s) appearing for the Case

Robert J. Hourigan, U. S. Atty., Scranton, Pa., for plaintiff.

Edwin Utan, Morey M. Myers, Scranton, Pa., for defendant.

MURPHY, Chief Judge.

Defendant convicted of violating 18 U. S.C.A. § 1463,1 i. e., that he "did knowingly deposit for mailing a postal card * * * upon which language of an indecent character was written", moves for judgment of acquittal, F.R.Crim.P. Rule 29(a), and in arrest of judgment, Id. Rule 34, 18 U.S.C.A.

Defendant, a married man, mailed from Pennsylvania to an unmarried female

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