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McCROSSEN v. UNITED STATES

No. 7785.

339 F.2d 810 (1965)

Preston McCROSSEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

January 7, 1965.

Attorney(s) appearing for the Case

Dale B. Dilts, Albuquerque, N. M., for appellant.

John Quinn, U. S. Atty. (Lewis O. Campbell, Asst. U. S. Atty., on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.

HILL, Circuit Judge.

McCrossen was charged by information with six counts of knowingly depositing in the United States mail certain items of nonmailable matter, in violation of 18 U.S.C.A. § 1718.1 He was tried before a jury on all six counts and was convicted upon Counts 3, 5 and 6, from which judgment of conviction he appeals.

The alleged nonmailable matter consisted in each instance of an envelope upon the outside of which...

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