UNITED STATES v. HYMANS

Nos. 71-1407, 71-1441.

463 F.2d 615 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Stewart HYMANS and Mark Paynter, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 7, 1972.


Attorney(s) appearing for the Case

Paul D. Cooper, Asst. U. S. Atty. (James L. Treece, U. S. Atty., on the brief), for plaintiff-appellee.

Thomas T. Crumpacker, Denver, Colo. (Wood, Ris & Hames, Denver, Colo., on the brief), for defendants-appellants.

Before LEWIS, Chief Judge, and PICKETT and McWILLIAMS, Circuit Judges.


McWILLIAMS, Circuit Judge.

Perhaps the primary issue here to be resolved is whether nudity under the circumstances of this case constitutes "indecent conduct." We conclude that it does. A bit of background information will place the controversy in focus.

As concerns National Forests, 16 U.S. C. § 551 provides, inter alia, that the Secretary of Agriculture "may make such rules and regulations * * * as will insure the objects of such reservations, namely...

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