United States v. Harmon
Decision Date | 01 May 1888 |
Citation | 34 F. 872 |
Parties | UNITED STATES v. HARMON et al. |
Court | U.S. District Court — District of Kansas |
David Overmyer and G. C. Clemens, for the demurrer.
W. C Perry, Dist. Atty., contra.
This indictment is drawn under section 3893, Rev. St. It charges that the defendants did unlawfully and knowingly deposit in the United States post-office at Valley Falls, in this district, addressed to, and for the purpose of mailing and delivering to various parties therein named, through the United States mails, a certain obscene, lewd, and lascivious paper and publication of an indecent character, called 'Lucifer,' which paper and publication so deposited for mailing is so obscene, lewd, and lascivious as to dispense with the incorporation of the words and figures in this indictment, said parties well knowing that said paper and publication was non-mailable matter, contrary to the form of the statute, etc. It will be observed that the paper alleged to be obscene, and to have been mailed by the defendants, is not described or identified in any manner except by its title 'Lucifer.' It appears to have been a newspaper published at stated periods at Valley Falls. The date of the particular issue is not set out, nor is the article or articles complained of identified by title or contents. There have been a great number of the paper issued entitled 'Lucifer,' and probably mailed to these same parties and each and every one different from the others. How are the accused to know what particular paper, or what particular article of the paper, is referred to in the indictment? The accused are entitled to be informed of the specific charge made against them, and it must be sufficiently explicit and definite to enable them to prepare their defense, and present their evidence; and further, to enable them in any future prosecution for the same offense to make the plea of autre fois acquit or autre fois convict. This indictment is clearly defective in this respect; nor can it be helped out by means of a bill of particulars. The offense charged is an infamous crime, under the decision of the supreme court, (Mackin v. U.S. 117 U.S. 348, 6 S.Ct. 777; Ex parte Wilson, 114 U.S. 417, 5 S.Ct. 935;) and the accused cannot be put upon trial except upon the presentment of a grand jury, and all the essentials of the accusation must be presented by the grand jury in their indictment; and neither the...
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The State v. Stowe
... ... Ohio St. 81; State v. Lambeth, 80 N.C. 393; ... Barber v. People, 17 Hun, 366; United States v ... Harmon, 34 F. 872; State v. Clay, 100 Mo. 571; ... State v. Rector, 126 Mo. 328; ... ...
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State v. Van Wye
...indictment, in order to comply with the constitutional requirement, section 22 of the bill of rights. State v. Hayward, 83 Mo. 289; U. S. v. Harmon, 34 F. 872; In Swarts, 47 Kan. 157; State v. Krueger, 35 S.W. 604. (3) A punishment may be denominated cruel and unusual when greatly in excess......
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...in that they dealt with indictments which were considerably more vague than the one in this case. E. g., United States v. Harmon, D.C.D.Kan.1888, 34 F. 872 (offending newspaper unidentified as to issue or date); United States v. Reid, D.C.W.D.Mich.1888, 73 F. 289, 291 (same); United States ......
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... ... full, as would otherwise be required. It does not excuse the ... pleader for wholly omitting to describe it, or for describing ... it in language too general to advise the accused what ... particular publication or paper is intended. U.S. v ... Harmon, 34 F. 872. The second count of the present ... indictment, which may be taken as a sample of all the counts ... supposed to be defective, avers that on November 22, 1888, ... the defendant deposited in the post-office at the city of St ... Louis 'a certain obscene * * * paper, ... [40 F ... ...