State v. Smith
Montana Supreme Court
Appeal from District Court, Custer County; Chas. A Taylor, Judge. Janet Smith was convicted of sedition, and from tbe judgment of. conviction and from an order denying a motion for new trial, she appeals. The language charged in the information is insufficient in itself to constitute the crime of sedition; it contains nothing in explanation of the utterances alleged to have been made.
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Appeal from District Court, Custer County; Chas. A Taylor, Judge. Janet Smith was convicted of sedition, and from tbe judgment of. conviction and from an order denying a motion for new trial, she appeals. The language charged in the information is insufficient in itself to constitute the crime of sedition; it contains nothing in explanation of the utterances alleged to have been made. It is not alleged that the defendant said she wished to goodness the people of the United States or of any other country would revolt, nor that she said she ivould shoulder a gun and get the president of the…
1Opinion of the CourtJustice Matthews
On October 11, 1918, Janet Smith was convicted of the crime of sedition and sentenced to an indeterminate term of not less than five nor more than ten years’ imprisonment. She appeals from.the judgment and from an order denying her a new trial.
The .information herein charges that “At the county of Custer, state of Montana, on or about the first day of June, 1918, and during a state of war existing between the United *570States and Germany, the defendant did, unlawfully, willfully, wrongfully, seditiously and feloniously, utter disloyal, false and contemptuous language, * * * calculated to incite…
2Cases cited9 opinions
- State v. KeerlMontana Supreme Court · 1904
- State v. BeesskoveMontana Supreme Court · 1906
- State v. BloorMontana Supreme Court · 1898
- State v. WymanMontana Supreme Court · 1919
- People v. TerrillCalifornia Supreme Court · 1899
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3Cited by4 opinions
- State v. MorrowSuperior Court of Delaware · 1939
- State v. MacLeanMontana Supreme Court · 1955
- State v. HemMontana Supreme Court · 1923
- State v. WildingIdaho Supreme Court · 1936