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UNITED STATES v. PADELL

No. 157, Docket 25326.

262 F.2d 357 (1958)

UNITED STATES of America, Appellee, v. Max PADELL, Appellant.

United States Court of Appeals Second Circuit.

Decided December 31, 1958.

Certiorari Denied March 23, 1959.

Attorney(s) appearing for the Case

Sidney Schreiberg, New York City, for appellant.

Herbert F. Roth, Asst. U. S. Atty., S.D.N.Y., New York City (Arthur H. Christy, U. S. Atty., and Mark F. Hughes, Jr., Asst. U. S. Atty., New York City, on the brief), for appellee.

Before CLARK, Chief Judge, and HINCKS and LUMBARD, Circuit Judges.

Certiorari Denied March 23, 1959. See 79 S.Ct. 723.

PER CURIAM.

Under United States v. Roth, 354 U.S. 476, 77 S.Ct. 1304, 1 L.Ed.2d 1498, the jury was entitled to find the dreary pornography here placed before it obscene within the meaning of the statutory prohibition. 18 U.S.C. § 1462. The trial judge committed no error in repeating his proper and adequate definition of obscenity in response to the jury's question, and...

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