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.https://leagle.com/images/logo.png
Argued October 24, 1957.
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.
United States Court of Appeals Third Circuit.
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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