## Facts

- A federal grand jury indicted Edward Bliss Foote for knowingly depositing in the mail a written notice that provided information about obtaining an article designed or intended to prevent conception.
- The charge relied on the federal statute that criminalized mailing (i) contraceptive articles and (ii) written or printed matter giving information, directly or indirectly, where or how such articles could be obtained.
- The indictment described the mailed item in general terms as a “notice” supplying such information, without setting out its contents verbatim or describing the referenced article with technical detail.
- Before trial, Foote moved to quash the indictment, arguing it was facially defective because it did not describe the allegedly unlawful notice with sufficient definiteness to inform him of the accusation and permit the court to assess whether an offense was charged.

## Issues

1. Whether an indictment under the federal statute prohibiting mailing notices giving information on obtaining contraceptive articles is insufficient if it does not reproduce the notice’s exact text or provide a detailed description of the mailed matter.
2. Whether, at the pleading stage, the indictment must include enough specific content to allow the court to determine criminality and to provide adequate notice to the defendant.

## Decision

- The court denied Foote’s motion to quash.
- The court held the indictment legally sufficient because it substantially followed the statutory language and alleged the essential elements of the offense.
- The court treated disputes about whether the notice actually fell within the statute as matters for trial rather than grounds to invalidate the indictment on its face.

## Legal Principles

- For a statutory offense, an indictment is generally sufficient if it substantially tracks the statute and includes any additional factual averments necessary to allege conduct within the statutory prohibition.
- Under the federal mailing prohibition, the gravamen may be the mailing of a written or printed notice that provides information, directly or indirectly, about where or how contraceptive articles may be obtained; the offense does not require that the device itself be mailed or described with technical precision in the indictment.
- Lack of verbatim reproduction or detailed description of the allegedly unlawful writing does not necessarily render an indictment defective if the pleading gives the defendant reasonable notice of the charge; further particulars, if needed, may be addressed through procedural mechanisms short of quashing.

## Conclusion

The court permitted the prosecution to proceed on an indictment that alleged, in statutory terms, that the defendant knowingly mailed a notice providing information on obtaining contraceptive articles, rejecting the claim that the indictment had to set out the notice verbatim or with detailed specificity to be valid.


United States v. Foote, 25 F. Cas. 1140 (C.C.S.D.N.Y. 1876)