Rodd

Appellant was indicted under § 245 of the Criminal Code, 18 U.S.C.A. § 396 . 1 The indictment was in two counts. Count 1 alleged: “On or about December 31, 1945, [appellant] did knowingly and feloniously cause to be deposited with a common carrier, to-wit, National Carloading Corporation, for carriage from Brooklyn, State of New York, to' San Diego, San Diego County, State of California, within the Southern Division of the Southern District of California, one hundred copies of a certain book, entitled ‘Call House Madam’ by Serge G. Wolsey, contained in wrappers addressed to Ye Olde Book Shoppe, 900 Broadway, San Diego, California, which book was obscene, lewd, lascivious and filthy.”

Count 2 alleged: “On or about December 31, 1945, at San Diego, San Diego County, California, within the -Southern Division of the Southern District of California, [appellant] did knowingly and feloniously cause to be taken from a common carrier, to-wit, National Carloading Corporation, one hundred copies of a certain book, entitled ‘Call House Madam’ by Serge G. Wolsey, which book was obscene, lewd, lascivious and filthy, and which 100 copies of said book had been deposited with said common carrier…