State v. Smith
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; R. Lee Word, Judge. R. B. Smith was convicted of sedition, and appeals from the judgment and an order denying him a new trial. Reversed and remanded. The information charges that the defendant did “at the county of Lewis and Clark, state of Montana * * * write and print and publish and circulate” the editorial set forth in the information.
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Appeal from District Court, Lewis and Clark County; R. Lee Word, Judge. R. B. Smith was convicted of sedition, and appeals from the judgment and an order denying him a new trial. Reversed and remanded. The information charges that the defendant did “at the county of Lewis and Clark, state of Montana * * * write and print and publish and circulate” the editorial set forth in the information. The testimony in the case showed conclusively that the article was not written and was not printed in Lewis and Clark county. We have, therefore, to consider only the question, Was it published in that…
1Opinion of the Court
Opinion
2Per curiam
The defendant was convicted of the crime of sedition and appealed from the judgment.
The information charges that the defendant willfully and feloniously did write, print and publish of and concerning the Montana Council of Defense a statement (which is set forth in the information, but which is too long to be here reproduced), which contained, among other things, the following: “Fortunately they have no legal status or authority. They can fulminate to their heart’s content against anything and everything that menaces their master’s interest, but no one need pay any attention to them.”…
3Cases cited27 opinions
- Schenck v. United StatesSupreme Court of the United States · 1919
- Frohwerk v. United StatesSupreme Court of the United States · 1919
- People v. RobyMichigan Supreme Court · 1884
- People v. . WestNew York Court of Appeals · 1887
- Kelley v. John R. Daily Co.Montana Supreme Court · 1919
22 more not listed; retrieve them via the Exa API.
4Cited by45 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- State Ex Rel. Malott v. Board of County CommissionersMontana Supreme Court · 1930
- Reich v. StateCourt of Criminal Appeals of Texas · 1923
- State v. BrooksMontana Supreme Court · 1967
- Russell v. Sunburst Refining Co.Montana Supreme Court · 1928
40 more not listed; retrieve them via the Exa API.