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Defined in 1 dictionary — Bouvier (1914)

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

144 Fed. 565, 75 C. C. A. 365, 6 L. R. A. (X. 8.) 421, 7 Ann. Cas. 121. Where the necessary inference from the language used in a letter was obscene, it was held iumuiteual that the words used were not tliemsehes obscene; U. 8. v. Moore, 129 Fed. 159. The character of a publication as to whether obscene or otherwise is not to be determined by the motives of the author or sender in making or sending it; U. S. v. Clarke, 38 Fed. 500. An indictment for selling an obscene book need not set out the obscene matter nor even describe the same in general terms, if it identifies the book and states that the contents arc too indecent to be placed upon the record; People v. Kaufman, 14 Aj»p. Div. 505, 43 N. Y. Supp. 1016. The fact that a woman, in whoso presence obscene language is used, is herself in the habit of using such language, can in no case constitute a justification, but may mitigate the offence; Golson v. 8tate, 86 Ala. 601, 5 8outh. 799. See Indecent Exposure; Letter.