UNITED STATES v. KUZMA

Nos. 11655-11663.

249 F.2d 619 (1957)

UNITED STATES of America v. Joseph KUZMA, Joseph Roberts, Benjamin Weiss, David Davis, Thomas Nabried, Irvin Katz, Walter Lowenfels, Sherman Marion Labovitz, Robert Klonsky, Appellants.

United States Court of Appeals Third Circuit.

Decided November 13, 1957.


Attorney(s) appearing for the Case

Joseph S. Lord, 3d, Philadelphia, Pa. (John Rogers Carroll, Thomas D. McBride, Philadelphia, Pa., on the brief), for appellants.

W. Wilson White, Washington, D. C. (Marvin B. Segal, Lawrence P. McGauley, Carl G. Coben, Attys., Dept. of Justice, Washington, D. C., William F. Tompkins, W. Wilson White, Asst. Attys. Gen., Harold K. Wood, U. S. Atty., Philadelphia, Pa., Philip R. Monahan, Doris H. Spangenburg, Attys., Dept. of Justice, Anthony A. Ambrosio, Washington, D. C., on the brief), for the U. S., appellee.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.


HASTIE, Circuit Judge.

The nine appellants have been convicted of conspiracy to violate the Smith Act.1 The indictment presents the unlawful scheme in two distinct aspects, each stated to conform with a particular clause of the Smith Act.2 The conspirators are said to have plotted, first, to teach the duty and necessity of violently overthrowing the government of the...

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