U.S. Court of Appeals for the Second Circuit, 1958

United States v. Padell

U.S. Court of Appeals for the Second Circuit · Decided December 31, 1958 · No. 157

262 F.2d 357 (Federal Reporter, Second Series)

Counsel

Sidney Schreiberg, New York City, for appellant., Herbert F. Roth, Asst. U. S. Atty., S.D.N.Y., New York City (Arthur H. Christy, U. S. Atty., and Mark F. Hughes, Jr., Asst. U. S. Atty., New York City, on the brief), for appellee.

Cases that cite this one

2 later published cases cite this decision.

United States v. Samuel R. Hochman (7th Cir. 1960)
United States v. Max Padell (2d Cir. 1959)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Under United States v. Roth, 354 U.S. 476, 77 S.Ct. 1304, 1 L.Ed.2d 1498, the jury was entitled to find the dreary pornography here placed before it obscene within the meaning of the statutory prohibition. 18 U.S.C. § 1462. The trial judge committed no error in repeating his proper and adequate definition of obscenity in response to the jury’s question, and his reply to the jury’s query as to whether it could recommend leniency was correct. The sentence he imposed was proper and indeed light. The strictures on the trial judge in the appellant’s brief are not justified by anything appearing in the record of this fairly conducted trial, and pass the bounds of dignity and good taste.

Conviction affirmed.

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