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KIRSCHBAUM v. UNITED STATES

No. 19254.

407 F.2d 562 (1969)

Delbert Lester KIRSCHBAUM, Sr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

March 6, 1969.

Attorney(s) appearing for the Case

Don J. Wilson, West Des Moines, Iowa, for appellant.

Claude H. Freeman, Asst. U. S. Atty., Des Moines, Iowa, for appellee, James P. Rielly, U. S. Atty., Jerry E. Williams, Asst. U. S. Atty., Des Moines, Iowa, on the brief.

Before VAN OOSTERHOUT, Chief Judge, and MEHAFFY and HEANEY, Circuit Judges.

MEHAFFY, Circuit Judge.

Delbert Lester Kirschbaum, Sr., the defendant, was convicted by trial to a jury upon each count of a two-count indictment which charged the interstate transportation of "lewd, lascivious and filthy films" for the purpose of sale and distribution in violation of 18 U.S.C. § 1465, and which charged in the second count a conspiracy to commit the substantive act in violation of 18 U.S.C. § 371. The trial court sentenced defendant upon...

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