United States v. Freeman B. Young

Appellants Freeman B. Young and Thelma I. Young, husband and wife, and Bilthel’s Mailing Service, Inc., a corporation, were indicted on eleven counts of violating 18 U.S.C. § 1461 , sending obscene matter through the mails. Each count of the indictment alleged that the defendants knowingly deposited and caused to be deposited for mailing, carriage and delivery by the Post Office, an envelope addressed to a specific individual — in some cases a minor — containing obscene advertisements. A jury returned guilty verdicts as to counts 2, 3 and 7 against the Youngs, and as to counts 3 and 7 against the corporate defendant.

Several issues are raised in this appeal. Appellants argue that the materials as a matter of law were not obscene; that the Government’s evidence was insufficient to support conviction; that the indictment, returned without a prior judicial hearing on the question of obscenity, was invalid; that the evidence presented should have been suppressed; that the statute under which they were charged is unconstitutional as applied to them; that the trial judge committed error by giving an improper instruction on aiding and abetting, by failing to respond promptly to the…