Schindler

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…