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HERNDON v. GEORGIA

No. 665.

295 U.S. 441 (1935)

HERNDON v. GEORGIA.

Supreme Court of United States.

Decided May 20, 1935.

Attorney(s) appearing for the Case

Mr. Whitney North Seymour, with whom Mr. Carol King was on the brief, for appellant.

Mr. J. Walter LeCraw, Assistant Solicitor General, with whom Mr. M.J. Yeomans, Attorney General, Mr. John A. Boykin, Solicitor General, and Mr. B.D. Murphy, Assistant Attorney General, were on the brief, for the State of Georgia, appellee.

MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

Appellant was sentenced to a term of imprisonment upon conviction by a jury in a Georgia court of first instance of an attempt to incite insurrection by endeavoring to induce others to join in combined resistance to the authority of the state to be accomplished by acts of violence, in violation of § 56 of the Penal Code of Georgia.1 The supreme court of the state affirmed...

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