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UNITED STATES v. DAVIS

No. 455, Docket 29518.

353 F.2d 614 (1965)

UNITED STATES of America, Appellee, v. Joe DAVIS, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 6, 1965.

Attorney(s) appearing for the Case

James M. Brachman, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, and Michael W. Mitchell, Asst. U. S. Atty., New York City, on the brief), for appellee.

Herbert A. Lyon, Kew Gardens, N. Y., on the brief for defendant-appellant.

Before LUMBARD, Chief Judge, and WATERMAN and FRIENDLY, Circuit Judges.

LUMBARD, Chief Judge.

This is an appeal from a conviction and sentence after a trial by a jury, in the Southern District of New York, for violation of 18 U.S.C. §§ 1461, 1463, sending obscene matter through the mails and mailing matter in indecent wrappers.

Counts one through five of the indictment charged that on various occasions Davis mailed packages whose wrappings bore an obscene label advertising defendant's "party records," in violation of...

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