United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued June 21, 22, 23, 1950.
Decided August 1, 1950.
Writ of Certiorari Granted October 23, 1950.
Attorney(s) appearing for the Case
George W. Crockett, Jr., Washington, D. C., for appellants Carl Winter and Jacob Stachel.
Benjamin J. Davis, Jr., pro se.
Eugene Dennis, pro se.
Richard Gladstein, San Francisco, Cal., for appellants Robert G. Thompson and Gus Hall.
Abraham J. Isserman, Los Angeles, Cal., for appellants Gilbert Green and John B. Williamson.
Louis F. McCabe, Philadelphia, Pa., for appellant Henry Winston.
Harry Sacher, New York City, for appellants Irving Potash and John Gates.
Irving S. Shapiro, Robert W. Ginnane and Frank H. Gordon, Special Assistants to the Attorney General, for the United States plaintiff-appellee. J. Howard McGrath, Attorney General, Philip B. Perlman, Solicitor General, Washington, D. C., Peyton Ford, Deputy Attorney General, James M. McInerney, Assistant Attorney General, Irving H. Saypol, United States Attorney, New York City, Edward C. Wallace, Special Assistant to the Attorney General, Lawrence K. Bailey and George D. Webster, Attorneys, Department of Justice, Washington, D. C., were with them on the brief.
Osmond K. Fraenkel, New York City (Eastman Birkett, Joseph H. Flom, Osmond K. Fraenkel, Arthur Garfield Hays, all of New York City, of counsel), for American Civil Liberties Union, amici curiae.
Before L. HAND, SWAN and CHASE, Circuit Judges.
United States Court of Appeals Second Circuit.
Writ of Certiorari Granted October 23, 1950. See 71 S.Ct. 91.
L. HAND, Circuit Judge.
The defendants Dennis and others appeal from a judgment of conviction upon an indictment for violation of Section 3 of the "Smith Act,"1 that is, for "wilfully and knowingly" conspiring to organize the Communist Party of the United States as a group to "teach and advocate the overthrow and destruction" of the government "by force and violence...
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