State v. Kahn
Montana Supreme Court
Appeal from District Court, Carbon County; A. C. Spencer, Judge. Ben Kahn was convicted of seditious utterances, and appeals from the judgment and from an order denying his motion for a new trial. The court was without jurisdiction because of the unconstitutionality of the sedition law of the state.
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Appeal from District Court, Carbon County; A. C. Spencer, Judge. Ben Kahn was convicted of seditious utterances, and appeals from the judgment and from an order denying his motion for a new trial. The court was without jurisdiction because of the unconstitutionality of the sedition law of the state. The Sedition Act violates the federal Constitution in two important particulars: First, it assumes to legislate with regard to the war-making power; second, it violates that Constitution and the Constitution of this state as to freedom of speech and of the press. War-making Power: The beginning…
1Opinion of the Court
/MR. JUSTICE HOLLOWAY
delivered the opinion of the court.
The defendant was convicted of the crime of sedition, and has appealed from the judgment and from an order denying his motion for a new trial. /
The attorney general insists that the new trial proceedings were not properly before the lower court and that its action thereon is not subject to review. The question raised involves the right or authority of the county attorney, after the statutory time for filing a notice of intention to move for a new trial had expired, to stipulate that the notice might be filed out of time and the motion…
2Cases cited10 opinions
- Schenck v. United StatesSupreme Court of the United States · 1919
- Selective Draft Law CasesSupreme Court of the United States · 1918
- Spies v. IllinoisSupreme Court of the United States · 1887
- Frohwerk v. United StatesSupreme Court of the United States · 1919
- Union Dry Goods Co. v. Georgia Public Service Corp.Supreme Court of the United States · 1919
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3Cited by15 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- People v. LloydIllinois Supreme Court · 1922
- State v. SmithMontana Supreme Court · 1920
- Commonwealth v. WidovichSupreme Court of Pennsylvania · 1928
- State v. BowkerMontana Supreme Court · 1922
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