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SENTNER v. UNITED STATES

Nos. 15097, 15098.

253 F.2d 310 (1958)

William SENTNER, Appellant, v. UNITED STATES of America, Appellee. Dorothy Rose FOREST, Robert Manewitz, James Frederick Forest, and Marcus Alphonse Murphy, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

April 4, 1958.

Attorney(s) appearing for the Case

Sydney L. Berger, Evansville, Ind. (R. L. Witherspoon, St. Louis, Mo., was with him on the briefs) for appellant William Sentner.

Mary M. Kaufman, New York City, for appellants Dorothy Rose Forest and Robert Manewitz.

James Frederick Forest, appellant, pro se, on briefs.

Marcus Alphonse Murphy, appellant, pro se, on briefs.

Eugene H. Buder and Benjamin Roth, St. Louis, Mo., filed brief of St. Louis Civil Liberties Committee, amicus curiae.

B. Franklin Taylor, Jr., and Victor C. Woerheide, Attys., Dept. of Justice, Washington, D. C. (Harry Richards, U. S. Atty., St. Louis, Mo., and Harold D. Koffsky, Carl G. Coben, John F. Lally, Washington, D. C., Leonard J. Felzenberg, Newark, N. J., and John C. Keeney, Attys., Dept. of Justice, Washington, D. C., were with them on the briefs), for appellee.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.

SANBORN, Circuit Judge.

The appellants, who will be referred to as "defendants", were tried and convicted of conspiracy (18 U.S.C. § 371) to violate the Smith Act (18 U.S.C. § 2385). The indictment, which was filed September 24, 1952, charged them with conspiring (1) to advocate and teach the duty and necessity of overthrowing the Government of the United States by force and violence as soon as circumstances should permit, and (2) to organize and help to...

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