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COX v. UNITED STATES

No. 20000.

370 F.2d 563 (1967)

Nesbert W. COX and Marvin P. McGuire, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

January 5, 1967.

Attorney(s) appearing for the Case

Edward L. Lascher, Van Nuys, Cal., for appellants.

Manuel L. Real, U. S. Atty., John K. Van de Kamp, Asst. U. S. Atty., Chief, Crim. Div., J. Brin Schulman, Asst. U. S. Atty., Asst. Chief, Crim. Div., Michael P. Balaban, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before MADDEN, Judge of the United States Court of Claims, and BARNES and ELY, Circuit Judges.

PER CURIAM:

Appellant Cox was convicted of transmitting obscene material by mail, an offense defined by 18 U.S.C. § 1461. Appellant McGuire was convicted of aiding and abetting. 18 U.S.C. § 2.

One of the appellants lived in Pacoima, California, and the other in San Francisco, California. They became friendly through an exchange of correspondence, and Cox gratuitously mailed to McGuire sealed envelopes containing...

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