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Show SHEPiD IS AMENABLE TO CHARGE, SAYS COURT Circuit Judge Compliments Marshall in Verdict Against Stationer Shcpard. Tho complete opinion handed down liy thu United States Circuit Court of Ap-Ior Ap-Ior of Itlchnrd II. .Shcpard of Salt I.aice from the vonlict of the United States .District court here sentencing him to thirteen mouths In the Utah penitentiary peniten-tiary at hard laUor for con.plrlnf; to send obscene literature through the United States malls. wa: received Friday by United States District Attorney Booth. Shcpard was convicted and sentenced on two counts under lhe Indictment holding him lo the United Stales District Dis-trict court. Thu first count charged him with sending Information through tho mall:i as to how, where, by whom und of whom obscene literature could be obtained. ob-tained. Thjj second count charged the same thing, onlv In a more complete manuer and In a different ca?e. Judge Marshall sentenced him to thirteen months on each count, the sentences to be served concurrently. Shepard claimed that tho first count was Insufficient lo hold him, as It alleged he mailed the letters in (luesllon personally per-sonally In the postoftlce here. The Circuit Cir-cuit Court of Appeals holds In the opinion opin-ion Just handed down that If a corson causes a letter to be mailed In any regular regu-lar post box about town, he can be lawfully law-fully held for mailing the letter personally. person-ally. .Shcpard maintained lhat Inasmuch as the first count iviw not strong enough to hold him, ho could not be held under either. The Circuit Court of Appeals holds, however, that where a man ha-s been convicted under the countB and sentenced under eafh. tho sentences to be served concurrently, ho can Ufi held If either count Is stro'ng enough to hold him. The court Ignored the first count, under un-der which Shcpard was convicted and to which he so strenuously excepted and simply examined the aecond. II found the evidence sufficient and declared that If the Indictment In question gave notice of lhe crime sufficiently for Shcpard to know what he was charged with It would hold good In court, though defeetlvo In form. The court declares Shcpard had a fair and Impartial trial and .ludge Marshall Is complimented very highly for his rulings and demeunor during the trial. Mr. (Shepnrd now has sixty days in which 'to petition tho United States Supreme Su-preme Court for a hearing or to take what other legal steps he is able, to avoid going to the penitentiary. |