Demolli v. United States

Citations

• 144 F. 363
• 6 L.R.A.N.S. 424
• 1906 U.S. App. LEXIS 3845

Syllabus

<p>1. Post Offices — Deposit of Obscene Mattkb tn the Mah..</p> <p>It is not essential to the commission of tile offense prescribed by section 3893 of the Itevised Statutes [U. S. Com]). Si. 1901, p. 2658J that ilie entire contents of the newspaper, or other parcel, deposited in the mail, be objectionable in character, or that the offender’s responsibility for its being put in the mail extend to its entire contents. Nor is it essential that Hie objectionable matter lie deposited in the mail by the offender himself, or by another acting under Ids express direction, because he is equally responsible if it is deposited therein as a natural and probable consequence of an act intentionally done by him with knowledge ¡hat such will he its natural and probable, effect.</p> <p>[Ed. Note. — Por cases in point, see vol. 40, Cent. Dig. Post Office, §50.</p> <p>Nonmailable obscene mutier, see note to Timmons v. Uniied States, 30 C. C. A. T9.]</p> <p>2. Same.</p> <p>One who causes obscene matter written by him to he printed in a newspaper, intending thereby to bring it to the attention of the readers of the paper, and knowing at Hie time that the established and regular mode of transmitting the paper to its readers is by the use of the mail, knowingly causes the, objectionable matter to lie deposited in the mail, within the meaning of section 3893 of the Itevised Statutes ftT. S. Comp. St. 1903, p. 2658], when in such regular course the paper, with the objectionable matter printed therein, is deposited in the post office for mailing and delivery.</p> <p>3. Criminal Law — Motion- in- Arrest of Judgment.</p> <p>Judgment can be arrested only for matter appearing on the face of the record, and the evidence Is not part of the record for this purpose.</p> <p>[Ed. Note. — For cases in point, see vol. 16, Cent. Dig. Criminal Law, § 2423.]</p> <p>4. Same — Deficiency in Judgment Entry — Supplied by Reference to Other Parts of Record.</p> <p>Where the judgment as entered in a criminal cas