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Supreme Court· 10/15/1974

Hamling v. United States

Citations

  • 418 U.S. 87
  • 94 S. Ct. 2887
  • 41 L. Ed. 2d 590
  • 1974 U.S. LEXIS 16

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that, in the context of obscenity, the prosecution must prove that the defendant “knew the character and nature of the materials,” not that they were legally obscene
  • holding that the scienter element in the statute prohibiting the mailing of obscene material required only that the defendant know the content of the material, not that it was legally obscene
  • holding that an indictment is constitutionally sufficient if it (1) contains the elements of the offense charged, (2) fairly informs the defendant of the charge against him which he must defend, and (3
  • holding that the information must set forth each element of the crime that it charges as well as fairly inform a defendant of the charge against which he must defend.
  • holding that an indictment is constitutionally sufficient if it (1) contains the elements of the offense charged, (2) fairly informs the defendant of the charge against him which he must defend, and (3
  • holding that an indictment is constitutionally sufficient if it (1) contains the elements of the offense charged, (2) fairly informs the defendant of the charge against him which he must defend, and (3

Source: CourtListener parenthetical corpus (CC0).

Judges: Rbhnquist, Douglas, Brennan, Stewart, Marshall

Read full opinion on CourtListener

Cited by

2,099 cases in this archive cite this case; the 20 most cited are listed.

Cites

86 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Hamling v. United States

5 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.