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Bartell v. United States, 227 U.S. 427 (1913)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Bartell v. United States, 227 U.S. 427 (1913)
Bartell v. United States No. 691 Argued January 14, 1913 Decided February 24, 1913 227 U.S. 427
ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH DAKOTA
Syllabus
An indictment, to be good under the Constitution and laws of the United States, must advise the accused of the nature and cause of the accusation sufficiently to enable him to meet the accusation and prepare for trial and so that, after judgment, he may he able to plead the record and judgment in bar of further prosecution for the same offense.
While ordinarily documents essential to the charge of crime must be sufficiently described to make known the contents thereof, matter too obscene or indecent to be spread on the record may be referred to in a manner sufficient to identify it and advise the accused of the document intended without setting forth its contents, and so held as to an indictment under § 3893 Rev.Stat. for sending obscene matter through the mails.
The accused may demand a bill of particulars if the reference in the indictment to a letter too obscene to be published does not sufficiently identify it, and, in the absence of such demand, a detailed reference is sufficient.
The accused is entitled to resort to parol evidence on a prosecution for sending obscene matter through the mail to show that the letter on which the indictment is based had been the subject matter of a former prosecution, and therefore if the letter is too obscene to be spread on the record, it is sufficient if a reference is made thereto in such detail that it may be identified.
The facts, which involve the construction of § 3893, Rev.Stat., and the validity of an indictment and conviction thereunder for depositing obscene matter in a post office of the United States, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Bartell v. United States, 227 U.S. 427 (1913) in 227 U.S. 427 227 U.S. 430. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=ZAETYPQVQC625XB.
MLA: U.S. Supreme Court. "Syllabus." Bartell v. United States, 227 U.S. 427 (1913), in 227 U.S. 427, page 227 U.S. 430. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ZAETYPQVQC625XB.
Harvard: U.S. Supreme Court, 'Syllabus' in Bartell v. United States, 227 U.S. 427 (1913). cited in 1913, 227 U.S. 427, pp.227 U.S. 430. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=ZAETYPQVQC625XB.
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