Bartell v. United States

Citations

• 227 U.S. 427
• 33 S. Ct. 383
• 57 L. Ed. 583
• 1913 U.S. LEXIS 2315

Syllabus

<p>An indictment to be good under the Constitution and laws of the United States must advise the accused of the nature and cause of the accusation sufficiently to enable him to meet the accusation and-prepare for trial and so that, after judgment, he may be able to plead the record and judgment in bar of further prosecution for the sanie offense.</p> <p>While ordinarily documents essentia! to the charge of crime must be sufficiently described to make known the contents thereof, matter too obscene or indecent to be spread on the record may be referred to in a manner sufficient to identify it and advise the accused of the document intended without setting forth its contents; and so held .as to an indictment under § 3893 Rev. Stat. for sending obscene matter through the mails.</p> <p>The accused may demand a bill of particulars if the reference in the indictment to a letter too obscene to be published does not sufficiently identify it, and in the absence of such demand a detailed reference is sufficient.</p> <p>The accused is entitled to resort to parol evidence on a prosecutioh for sending obscene matter through the mail to show that the letter on which the indictment is based had been the subject-matter of a former prosecution, and therefore if the letter is too obscene to be spread on the record it is sufficient if a reference is made thereto in such detail that it may be identified.'</p>