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United States v. Johne

July 31, 1963

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ROY W. JOHNE, DEFENDANT-APPELLANT.



Author: Schnackenberg

Before SCHNACKENBERG and KNOCH, Circuit Judges, and GRANT, District Judge.

SCHNACKENBERG, Circuit Judge.

Roy W. Johne, defendant, has appealed from a judgment of the district court, convicting him on the verdict of a jury, on four counts of an indictment, which charged him with depositing in the United States mail at the Appleton, Wisconsin postoffice, obscene letters, literature and pictures addressed to "Harriet Garner, Box 518, Chassell, Michigan," all of which was declared nonmailable, under 18 U.S.C.A. ยง 1461. He pleaded not guilty.

The district court sentenced defendant to imprisonment for a period of five years as to count 1, and withheld sentence as to counts 2, 3 and 4, until the receipt of a report from the Bureau of Prisons.

At the trial it appeared from the government's evidence that William H. McGuill, a postal inspector, wrote and sent three letters to defendant, using the pseudonym of "Mrs. Harriet Garner". These letters bore dates of August 24, 1961, September 3, 1961 and September 15, 1961, and were signed respectively, "Harriet Garner", "Yours, H", and "Love, H". The tenor of these letters is illustrated by the following quotation from the letter of September 3:

"You asked for further dimensions. Well I am 35-20-33. Men always thought I was quite pretty but it has been so long since I have heard a man tell me so. I guess that is true with most married women. I would also appreciate learning more about your dimensions! Ask any questions you like of me and I'll be happy to answer."

Prior to the foregoing events, defendant had written and mailed six letters which were respectively postmarked and addressed, as follows:

Exhibit 3, May 9, 1961 to "P.L.G".

Exhibit 4, May 27, 1961 to "P.L.G".

Exhibit 5, June 14, 1961 to "P.L.G".

Exhibit 6, June 27, 1961, to Joseph L. Bolan, Sr.

Exhibit 7, May 24, 1961 to William A. Bakos.

Exhibit 8, May 27, 1961 to Miss Sally Powers.

Defendant, when testifying at the trial, admitted writing and mailing ...


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