United States v. Alpers
338 U.S. 680 (1950)

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U.S. Supreme Court

United States v. Alpers, 338 U.S. 680 (1950)

United States v. Alpers

No. 217

Argued December 14, 1949

Decided February 6, 1950

338 U.S. 680

Syllabus

1. Obscene phonograph records are within the prohibition of § 245 of the Criminal Code, which forbids the interstate shipment of any obscene "book, pamphlet, picture, motion picture film, paper, letter, writing, print, or other matter of indecent character." Pp. 338 U. S. 680-685.

2. The rule of ejusdem generis may not be applied when to do so would defeat the obvious purpose of the legislation. Pp. 338 U. S. 682-683.

175 F.2d 137 reversed.

Respondent was convicted in the District Court of violating § 245 of the Criminal Code. The Court of Appeals reversed. 175 F.2d 137. This Court granted certiorari. 338 U.S. 813. Reversed, p. 338 U. S. 685.

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