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BRANDT v. UNITED STATES

Nos. 13083-13088.

256 F.2d 79 (1958)

Joseph BRANDT, Appellant, v. UNITED STATES of America, Appellee. Lucille BETHENCOURT, Appellant, v. UNITED STATES of America, Appellee. Martin CHANCEY, Appellant, v. UNITED STATES of America, Appellee. Frank HASHMALL, Appellant, v. UNITED STATES of America, Appellee. Anthony KRCHMAREK, Appellant, v. UNITED STATES of America, Appellee. George WATT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

May 23, 1958.

Attorney(s) appearing for the Case

Warren M. Briggs, and Ralph Rudd, Cleveland, Ohio, for appellants.

Sumner Canary, Cleveland, Ohio (Philip R. Monahan Carl G. Coben, Cyril S. Wofsy, John F. Middleton, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before MARTIN, McALLISTER, and STEWART, Circuit Judges.

McALLISTER, Circuit Judge.

In a jury trial lasting approximately fourteen weeks, the six appellants, Joseph Brandt, Lucille Bethencourt, Martin Chancey, Frank Hashmall, Anthony Krchmarek, and George Watt, were convicted of conspiring to violate the Smith Act, 18 U.S.C.A. § 2385, (1) by unlawfully, willfully, and knowingly advocating and teaching the duty and necessity of overthrowing and destroying the Government of the United States by force and violence, with...

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