What is the test for determining whether an obscenity charge should be brought before a jury?

Respondent quotes extensively from United States v. Head, 317 F.Supp. 1138 (E.D.La.1970). There, the indictment identified with great specificity the matter alleged to be obscene, and could be distinguished on that ground alone. Beyond that, the element of pandering was there disclaimed by the government. The bald statement, unsupported by authority, that a trial court is required to rule on the constitutional question of obscenity vel non when that issue is properly presented in advance of trial, does

[473 F.2d 766]

not impress me and I would decline to follow it.

[473 F.2d 766]