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UNITED STATES v. SILVERMAN

No. 195, Docket 24126.

248 F.2d 671 (1957)

UNITED STATES of America, Appellee, v. Simon SILVERMAN, a.k.a. Sid Taylor, Joseph Dimow, Robert Champion Ekins, Jacob Goldring, and Martha Stone, a.k.a. Mrs. Emil Asher, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided September 11, 1957.

On Petition for Rehearing October 25, 1957.

Attorney(s) appearing for the Case

Frank J. Donner, New York City, Thomas I. Emerson, New Haven, Conn., and George F. Lowman, Stamford, Conn. (Joseph Mitchell Kaye, Greenwich, Conn., on the brief), for defendants-appellants.

Simon S. Cohen, U. S. Atty., Dist. of Conn., Hartford, Conn., and William F. O'Donnell, III., Atty., Dept. of Justice, Washington, D. C. (Francis J. McNamara, Jr., Asst. U. S. Atty., New Haven, Conn., and Harold D. Koffsky and John C. Keeney, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before CLARK, Chief Judge, and HINCKS and WATERMAN, Circuit Judges.

On Petition for Rehearing before the Court En Banc October 25, 1957.

CLARK, Chief Judge.

The five defendants herein appeal from a judgment of conviction after verdict of a jury on charges of having conspired to violate the Smith Act, 18 U.S. C. §§ 2385, 371, by "unlawfully, wilfully and knowingly advocating and teaching the duty and necessity of overthrowing and destroying the Government of the United States by force and violence, with the intent...

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