◆ SpookStack

7 gn United States v. Smith, 45 Fed. 476 (E.D. wis. 1891) the court stated that a determination of obscenity Gepended upon circumstance. "The public exposure of the per- gon is most obscene, yet the necessary exhibition of the person to a physician is not only innocent, but is a proper act, dictated by positive duty. Instruction touching the organs of the body, under proper circumstances, is not repre-. hensibdle; but such instruction to a mixed assemblage of the youth of both sexes might be most demoralizing." 4S Fea. 476, 478 (E.D. Wis. 1891). , In upholding the exclusion from evidence of testi- mony tending to show that the book in issue was intended for doctors and married couples, the Court of Appeals for the Righth Circuit has said: “The book itself was in evidence. “Zt was not a communication from a Goctor to his patient, nor a work designed for the use of medical practitioners only.” Burton Vv. United States, 142 Fed. 57, 63 (8th Cir. 1906). fhe Court of Appeals for this Circuit, in holding that proof of those to whom the pamphlet was sold is part of the Government's case, said: “In other words, a publication might be distributed among doctors or nurses or adults in : eases where the distribution among small children could not be justified. The fact that the latter might obtain it acci- dently or surreptitiously, as they might see some medical] books