STATE v. JENKINS

No. 43809.

107 So.2d 648 (1958)

236 La. 300

STATE of Louisiana v. Junesh JENKINS.

Supreme Court of Louisiana.

December 15, 1958.


Attorney(s) appearing for the Case

Jack P. F. Gremillion, Atty. Gen., Michael Culligan, Asst. Atty. Gen., Leon D. Hubert, Jr., Dist. Atty., Louis F. Claiborne, Asst. Dist. Atty., New Orleans, for appellant.

George A. Dreyfous, New Orleans, amicus curiae.

Simmie Monroe, James I. McCain, New Orleans, for defendant-appellee.


McCALEB, Justice.

Appellee was charged in a bill of information with violating R.S. 14:366-380, known as the Subversive Activities Law, in that she is a member of the Communist Party, knowing it to be a foreign subversive organization as defined in Section 366 of the statute.

In a motion to quash based on several grounds, appellee pleaded that the power of the State to enact and enforce antisubversive legislation has been superseded by the Congress of the...

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