Robbins

Robbins v. United States

Good Law
144 C.C.A. 269·229 F. 987·1916 U.S. App. LEXIS 1614
United States Court of Appeals for the Ninth CircuitFebruary 21, 1916No. 2635California340 words

Opinion

lead Opinion

Gilbert, J.

[1] The plaintiff in error was convicted on an indictment which charged him with sending through the mails an indecent letter, in violation of section 3893, Revised Statutes, as amended by 25 Stat. 496 . One of the assignments of error is that the trial court refused to permit the plaintiff in error to show the reputation of the prosecuting witness for chastity in the community *988 in w filch she lived. The ruling of the District Court was clearly correct. The statute has regard only to the character of the letter, and not to the character of the person to whom it is addressed. See United States v. Musgrave (D. C.) 160 Fed. 700 , and cases there cited.

[2] Several assignments of error are based on the conduct of the District Attorney in making certain remarks in the presence of the jury, to which exception was duly taken. We find it unnecessary to discuss these assignments, for the reason that the alleged misconduct could have had no effect upon the jury’s verdict. In arriving at their verdict the jury necessarily made two findings: First, that the letter was of the character denounced by the statute;. and, second, that the plaintiff in error wrote it and mailed it. The first…

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