Equi v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Oregon; R. S. Bean, Judge. Criminal prosecution by the United States against Marie Equi. Judgment of conviction, and defendant brings error. The indictment in this case charges a violation of section 3 of Espionage Act June 15, 1917, c. 30, tit. 1, 40 Slat. 219, as amended by Act May 16, 1918, c. 75, § 1, 40 Stilt. 553 (Comp.
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In Error to the District Court of the United States for the District of Oregon; R. S. Bean, Judge. Criminal prosecution by the United States against Marie Equi. Judgment of conviction, and defendant brings error. The indictment in this case charges a violation of section 3 of Espionage Act June 15, 1917, c. 30, tit. 1, 40 Slat. 219, as amended by Act May 16, 1918, c. 75, § 1, 40 Stilt. 553 (Comp. St. 1918, § 10212c). In general terms the charge is that the plaintiff in error on June 27, 1918, while the United States was at war with the Imperial German government, at a public meeting in a hall…
1Opinion of the CourtRudkin, District Judge
(after stating the facts as above). While a considerable number of errors have been assigned, they all go either to the sufficiency or form of the indictment, of to the competency of certain testimony admitted by the court over the objection of the plaintiff in error. The objections to the indictment are threefold: First, *55because the crime defined by the Espionage Act is analogous to the crime of libel, and the indictment under consideration does - not conform to legal requirements in such cases; second, because the several counts of the indictment are duplicitous; and, third, because the…
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3Cited by12 opinions
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