UNITED STATES v. FLYNN

No. 150, Docket 22763.

216 F.2d 354 (1954)

UNITED STATES of America, Appellee, v. Elizabeth Gurley FLYNN, Pettis Perry, Claudia Jones, Alexander Bittelman, Alexander Trachtenberg, Victor Jeremy Jerome, Albert Francis Lannon, Louis Weinstock, Arnold Samuel Johnson, Betty Gannett, Jacob Mindel, William Wolf Weinstone and George Blake Charney, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided October 14, 1954.


Attorney(s) appearing for the Case

Mary M. Kaufman and Harry Sacher, New York City, Delbert E. Metzger, Honolulu, and A. L. Wirin, Los Angeles, Cal., for defendants-appellants, Elizabeth Gurley Flynn, Pettis Perry, Claudia Jones, Alexander Bittelman, Alexander Trachtenberg, Victor Jeremy Jerome, Albert Francis Lannon, Louis Weinstock, Arnold Samuel Johnson, Betty Gannett, Jacob Mindel, William Wolf Weinstone and George Blake Charney.

J. Edward Lumbard, U. S. Atty. for the Southern Dist. of N. Y., New York City (James B. Kilsheimer III, Leonard B. Sand, and John H. Carroll, Asst. U. S. Attys. for the Southern Dist. of N. Y., New York City, of counsel), for appellee, United States.

Before CHASE, Chief Judge, and HINCKS and HARLAN, Circuit Judges.


HARLAN, Circuit Judge.

The thirteen defendants who appeal have been convicted of conspiring to violate the Smith Act by wilfully advocating and teaching the duty and necessity of overthrowing and destroying the Government of the United States by force and violence.1 The period of the conspiracy charged was from April 1, 1945 to June 20, 1951, the date of the filing of the indictment. The indictment also charged the defendants with conspiring...

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