Dampier

The indictment in this case, containing five counts, was returned under section 211 of the Criminal Code, as amended by section 2 of tho Act of March 4, 1911, 36 Stat. 1339 (Comp. St. § 10381). Each count sets forth a copy of a letter deposited in the United States post office, at Rupert, Idaho, for mailing and delivery. Upon the trial the jury returned a verdict of guilty as to all counts, a motion for a new trial was denied, and the judgment is now before us on writ of error.

The plaintiff in error first challenges the legal sufficiency of tho testimony to support the verdict. At the outset it was conceded that at least one of the indictment letters falls within the prohibition of the statute, and that tho several letters were mailed as charged. The only remaining question is: Did the plaintiff in error mail tho letters? The more important testimony bearing upon that issue consisted of the several indictment letters, two letters written to plaintiff in error, and throe telephone communications.

Tho first letter, mailed November 16, 1922, delivered on the following day, after setting forth the obnoxious matter complained of, requested the recipient to wear her red hat when…