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STATE v. LEVITT

No. 30,611.

246 Ind. 275 (1965)

203 N.E.2d 821

STATE OF INDIANA v. LEVITT ET AL.

Supreme Court of Indiana.

Rehearing denied March 15, 1965.

Attorney(s) appearing for the Case

John J. Dillon, Attorney General, Carl E. Van Dorn, Assistant Attorney General, Thomas A. Hoadley, Prosecuting Attorney, Tenth Judicial Circuit, of counsel, for appellant.

John Wood and James B. Droege, of Indianapolis, and Ralph F. Fuchs, of counsel, of Bloomington, for Indiana Civil Liberties Union, Amicus Curiae.

Leonard B. Boudin, Rabinowitz & Boudin, of New York City and Daniel T. Taylor of Louisville, Kentucky, and Leonard B. Boudin, and Michael B. Standard, of counsel, of New York City, for appellees.

ARTERBURN, C.J.

This is a criminal action commenced by a grand jury indictment of the appellees for the alleged violation of Section 5 of the Indiana Anti-Communism Statute, being the Acts of 1951, Ch. 226, § 5, p. 648, as found in Burns' Ind. Stat. Anno. (1956 Repl.) § 10-5205.

The indictment, following the wording of the statute, alleged that the appellees on May 2, 1963:

"... did then and there...

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