Show RECEIVE RULING ON SHEPARD CASE GASE No Reversible Error Found in Record by Court of Appeals MUST NOW GO TO PRISON Influential I Friends Frends of Bookseller Bookseller Bookseller Book Book- seller Still Alert Alert Aler Compliments ments Judge Marshall District Attorney II I. I E. E E Booth yesterday yes yes' yesterday received an opinion opInion- of or the circuit circuit cir cir- clr- clr cult court of or appeals written by District Ds- Ds Dis Dis- trial Ju Judge e Phillips Philiip in the case cage o of United States vs Richard B. B Shepard convicted In the tile United States StateR district court for Utah of a R violation of an actor act of or congress prohibiting depositing In Inthe Inthe inthe the mails mais letters leters pamphlets etc giving ing log information where how of or whom and by what means obscene lewd and lascivious books bools adapted for in indecent and immoral use might be obtained The opinion contained several points of or interest especially to the members of ot the bar It I seems that more and more mOl the courts of or the United States are determined as far tar as ns possible to todo todo todo do away ay nw with wih technicalities In criminal cases In construing Section 1025 of the Revised Statutes the court says sas The evident c purpose and mind of or congress In enacting this statute was that regard should Rhoul be haul had to substance resart rather than form torm In construing Indict indict- ments ment So SI while the Indictment must with intelligible Identifying description Lion tion ton affirmatively charge th the substantive tive statutory oren offense p. p leaving nothing to mere inference the trend of modern modem modern mod mod- em ern decisions in Sn the federal fedral courts Is that the indictment Is sufficiently ex explicit ex- ex If IC It ar advise the accused In advance advance ad ad- vance of oC the trial of oC the nature and character of oC the offense he may m come cometo cometo to meet Too ito Error Noted I The Tile court objects object to tho the too common habit of oC multiplying assignments of ot error In itt the following language c What hat the thc assignment of ot errors lackIn lack lackIn In quality Is made up In quantity They Thoy are arc In number As Is generally the tho case such interminable assignments instead in of Impressing the court with th the tho thought of oC an Imperfect trial rather rathor rath rath- er or c cast t discredit upon the worth of oC any of ot them antI then quotes from Judge Sanborn as follows I arid and I When hen counsel of oC the learning aI ability of oC those who presented this tIlls case gravely ravely announce to an nn appellate court that tile the they rely upon 7 71 i alleged errors for Cor a reversal of oC the thc judgment against t their clients and some of oC those specified sped sped- fled fied fed turn out to be as frivolous as af those we have Just jUt cited it I Is at nt least difficult difficult cult to resist a suspicion s that the they themselves were not certain there was I Ian an any substantial error In the the case ense case I ITh The Th court next reviews f the tho assigned errors error on the admission or rejection of testimony and the tile refusal b by the trial court of the special Instructions a risked asked b by defendants defendant's counsel On both points the court decides that Judge Jud e ewas Marshall was as right and in conclusion the court sS s'S says Counsel for tor defendant have dismissed dis ulis missed cussed many questions not raised attire nt at the tire trial trl and not properly preserved ed Inthe In Inthe Inthe the bill bil of exceptions A careful ex- ex x- x of or tho the record satisfies us 3 that had a a fair and Im Im- m. m trial during which tho the court exasperating annoyances displayed dis dis- ls- ls played marked equipoise and judicial temper empe r. r No o Ie Ilc Error Eror Finding no reversible error In the tho record ecord the Judgment of or tho the District ourt court is affirmed But nut notwithstanding tho tile Court of decided that Mr Ir Shepard had hadi hada a i 1 perfectly fair trial and ant therefore t the tho of oC Imprisonment for 1 f 75 months Imposed b by Judge Marshall must stand the court says sn's The evidence e in this case caso shows that or Cor man many years prior to the tie time In f eston th the def defendant had hal boen been a Icing lawyer had attained considerable consider consider- able ible eminence In his profession and andaas w s yas re regarded bv by b. b the tho community In Salt Sni ake alce City as ns a n man n of oC probity and honor lonor but becoming Interested and ac- ac Ively engaged as the thc directing spirit oC it f a book store storo tor he thereafter gave SP- SP lil lal attention to the collection of oC books erotic or curiosities In litera- litera tur urr nrc In tho the prosecution of his hu business Jr tr gave e g C Information ton Inform as to where such books bools could he purchased On n the ground that the law has hns now been een vindicated and taking Into account ac- ac count all cli al the facts o of the tho case it 11 la is that a stron strong effort will wi he nade by h Influential parties to obtain a L pardon for tor Mr Mi MI Shepard |