UNITED STATES v. HEYMAN

Nos. 74-1959 and 74-1960.

562 F.2d 316 (1977)

UNITED STATES of America, Appellee, v. Everett S. HEYMAN, Appellant. UNITED STATES of America, Appellee, v. UNIVERSAL SPECIALTIES, INC., d/b/a Universal Specialties, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1977.


Attorney(s) appearing for the Case

John H. Weston, Beverly Hills, Cal. (Sam Rosenwein, Studio City, Cal., G. Randall Garrou, Marvin D. Miller, Norfolk, Va., Fleishman, Brown, Weston & Rohde, Beverly Hills, Cal., on brief), for appellants.

Robert F. McDermott, Jr., Asst. U. S. Atty., Alexandria, Va. (William B. Cummings, U. S. Atty., Alexandria, Va., Patricia W. Deitz, John J. Mulcahy, Steven J. Salant, Third Year Law Students, on brief), for appellee.

Before WINTER and BUTZNER, Circuit Judges, and JOSEPH H. YOUNG, District Judge, United States District Court for the District of Maryland, sitting by designation.


BUTZNER, Circuit Judge:

Everett S. Heyman and Universal Specialties, Inc., appeal a judgment convicting them of sending obscene matter through the mail in violation of 18 U.S.C. § 1461. Though they assign numerous errors, their major contention is that the district judge erred in his charge by improperly telling the jury to apply contemporary community standards in determining whether the contested matter lacked serious scientific value. We vacate the judgment...

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