The offense of sending obscene, lewd or lascivious books, pictures and the like through the mail, cannot be excused on the ground that they were sent in the interest of science, morality or philosophy;194 although it is true that the publication of scientific and medical books is protected, even though obscene when published for the benefit of the public.195

If a newspaper is in fact obscene and lewd and be deposited in the mail by one who knew its contents, the offense is complete, although the accused himself did not regard the paper as one which was forbidden to be carried in the mails.196

Ordinarily whether a paper, publication, painting or picture is obscene or not, is a question of fact and not of law.197