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UNITED STATES v. NOTO

No. 381, Docket 25156.

262 F.2d 501 (1958)

UNITED STATES of America, Appellee, v. John Francis NOTO, Appellant.

United States Court of Appeals Second Circuit.

Decided December 31, 1958.

Attorney(s) appearing for the Case

Charles J. McDonough, Buffalo, N. Y., for appellant.

John O. Henderson, U. S. Atty. for the Western Dist. of New York, Buffalo, N. Y. (Lawrence P. McGauley, John C. Keeney, and John J. Keating, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before HINCKS and WATERMAN, Circuit Judges, and RYAN, District Judge.

RYAN, District Judge.

This is an appeal from a judgment of conviction and sentence for violation of the membership provision of the Smith Act, 18 U.S.C. § 2385.1 The indictment charged:

1. That from January 1946 up to November 1954 (the date of the filing of the indictment), the Communist Party has at all times been a group of persons who teach and advocate the forcible overthrow of the Government of the United States as speedily...

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