Verner

The appellant, Verner, was found guilty on an indictment of two counts charging him with violation of Section 1461 of Title 18, United States Code, because he mailed in envelopes addressed to two certain persons, “a lewd, lascivious and filthy letter”. He was found guilty on both counts by a jury and was sentenced to serve a year on each count -at the Federal Prison Camp at McNeil Island, the sentences to run concurrently. Hb has appealed.

The pertinent statute is plain and unambiguous on its face. It is clear and not disputed that Verner mailed the letters, each identical in context, to the persons named in the respective counts of the indictment. He raises but two questions on this appeal. Both were before the court below and were resolved against the defendant as must be the case here. Verner contends, first, that the court below erred in overruling his timely motion for dismissal of the indictment, his motion for a directed verdict of acquittal and his motion for judgment of acquittal, or, in the alternative, for a new trial. He asserts, second, that the failure of the court to admit the testimony of the two persons receiving the letters as to the effect of its contents on…