UNITED STATES v. PALLADINO

No. 72-1005.

475 F.2d 65 (1973)

UNITED STATES of America, Appellee, v. Joseph N. PALLADINO, Joseph N. Palladino, Jr., Appellants.

United States Court of Appeals, First Circuit.

Decided February 22, 1973.

Judgment Vacated June 25, 1973.


Attorney(s) appearing for the Case

Herald Price Fahringer, Jr., Buffalo, N. Y., with whom John A. Pino, Boston, Mass., was on brief, for appellants.

Frederic R. Kellogg, Asst. U. S. Atty., with whom James N. Gabriel, U. S. Atty., was on brief, for appellee.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.


Judgment Vacated June 25, 1973. See 93 S.Ct. 3066.

COFFIN, Chief Judge.

Defendants, father and son, were convicted jointly by a jury on three counts of a nine-count indictment charging the mailing of obscene matter in violation of 18 U.S.C. § 1461, and were sentenced respectively for four and two years. The critical questions on appeal are whether the materials found obscene are constitutionally protected as a matter of law; whether proof of pandering...

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