Goldstein v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the Southern District of California; Benjamin F. Bledsoe, Judge. Robert Goldstein was convicted, under Act June IS, 1917, of knowingly, willfully, and, unlawfully attempting to cause insubordination, disloyalty, mutiny, and refusal of duty in the military and naval forces of the United States during war, and he brings error.
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In Error to the District Court of the United States for the Southern Division of the Southern District of California; Benjamin F. Bledsoe, Judge. Robert Goldstein was convicted, under Act June IS, 1917, of knowingly, willfully, and, unlawfully attempting to cause insubordination, disloyalty, mutiny, and refusal of duty in the military and naval forces of the United States during war, and he brings error. The plaintiff in error was convicted on two counts of an indictment, the first of which charged as follows: “That throughout the period of time from the Cth day of April, in the year of our…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). The demurrer and the motion to quash raised the question whether or not either count of the indictment alleged an offense against the United States.
[1] We will first consider the cqunt which charges an attempt to cause insubordination and disloyalty or refusal of duty. The statute, Act of June 15, 1917, is clear and simple in its language. Whoever, when the United States is at war, shall willfully cause, or attempt to cause, insubordination, disloyalty, mutiny, or refusal of duty in the military or naval'forces of the United States, shall be punished as…
2Cases cited2 opinions
- Schenck v. United StatesSupreme Court of the United States · 1919
- Coldwell v. United StatesCourt of Appeals for the First Circuit · 1919
3Cited by5 opinions
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- United States v. PelleyCourt of Appeals for the Seventh Circuit · 1942
- Stephens v. United StatesCourt of Appeals for the Ninth Circuit · 1919
- United States v. StrongDistrict Court, W.D. Washington · 1920
- Hamm v. United StatesCourt of Appeals for the Ninth Circuit · 1920