Schindler v. United States, 13781.
| Decision Date | 30 November 1953 |
| Docket Number | No. 13781.,13781. |
| Citation | 208 F.2d 289 |
| Parties | SCHINDLER v. UNITED STATES. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Cecil W. Collins, Los Angeles, Cal., for appellant.
Laughlin E. Waters, U. S. Atty., Ray H. Kinnison, Asst. U. S. Atty., Chief, Criminal Division, Manuel L. Real, Asst. U. S. Atty., Los Angeles, Cal., for appellee.
Before HEALY and POPE, Circuit Judges, and DRIVER, District Judge.
In an indictment containing ten counts appellant was charged with violating Section 1461 of Title 18 of the United States Code, relating to the mailing of obscene or indecent matter. The statute declares such matter to be nonmailable, and it penalizes those who knowingly deposit the same in the mails. Upon trial appellant was acquitted on some of the counts and convicted on others, including counts nine and ten. A new trial was granted as to certain of the counts on which conviction was had, but denied as to nine and ten. The latter are thus the subject matter of this appeal.
These two counts relate to the mailing of a booklet entitled "Arabian Love Manual" and certain advertising matter giving information as to the means by which the booklet might be obtained. On the trial it was stipulated that appellant had on specified dates knowingly deposited this material in the mails, addressed to an individual at a place in Arizona.
In the course of the trial appellant placed an attorney on the stand and inquired of him whether he had advised appellant that in his opinion the various books involved in the mailing charges were "proper and legal." The court sustained an objection to the question, whereupon appellant offered to prove that he had in good faith consulted the attorney during the production and preparation of the books and was by him advised that they were proper and legal, and that he acted upon the advice in placing them in the mails. The court, correctly we think, rejected the offer. Probably the leading case bearing on the point is Rosen v. United States, 161 U.S. 29, 41, 16 S.Ct. 434, 438, 480, 40 L.Ed. 606. There the defendant unavailingly asked the court to instruct the jury that he should be acquitted if they entertained a reasonable doubt whether he knew that the publication he had placed in the mails was obscene. The request, said the Supreme Court, was intended to announce the proposition that a conviction under the statute could not be had unless the individual charged with violation of it knew or believed that the paper he deposited could be...
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...United States, 161 U.S. 29, 16 S.Ct. 434, 40 L.Ed. 606 (1896); Kahm v. United States, 300 F.2d 78 (5th Cir. 1962); Schindler v. United States, 208 F.2d 289 (9th Cir. 1953). The indictment charges that the defendants "knowingly" distributed the books and magazines through the mails and inter......
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...v. United States, 300 F.2d 78, 86 (5th Cir. 1962), cert. denied 369 U.S. 859, 82 S.Ct. 949, 8 L.Ed.2d 18 (1962); Schindler v. United States, 208 F.2d 289, 290 (9th Cir. 1953), cert. denied, 347 U.S. 938, 74 S.Ct. 633, 98 L.Ed. 1088 (1954); and United States v. Luros, 260 F.Supp. 697, 702 (N......
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United States v. Rubin
...v. United States, 300 F.2d 78, 86 (5th Cir., 1962), cert. denied 369 U.S. 859, 82 S.Ct. 949, 8 L.Ed.2d 18 (1962); Schindler v. United States, 208 F.2d 289, 290 (9th Cir., 1953), cert. denied, 347 U.S. 938, 74 S.Ct. 633, 98 L.Ed. 1088 (1954); and United States v. Luros, 260 F.Supp. 697, 702 ......
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