Dierkes v. United States
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Southern District of Ohio; Howard C. Hollister and Andrew M. J. Cochran, Judges. Criminal prosecution by the United States- against J. Herman Dierkes. Judgment of conviction, and defendant brings error.
1Opinion of the Court
KNAPPEN, Circuit Judge.
Plaintiff in error was convicted upon the second and third counts of an indictment under section 3 of the Espionage Act of June IS, 1917 (40 Stat. c. 30, p. 217), as amended by the Act of M'ay 16, 1918 (40 Stat. c. 75, p. 553 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 10212c]). Each of these counts charged defendant with uttering, while the United States was at war with Germany and Austria, certain language, which in the second count is characterized as “disloyal * * * scurrilous, and abusive,” and “about the military forces of the United States,” and in the third…
2Cases cited27 opinions
- Schenck v. United StatesSupreme Court of the United States · 1919
- Abrams v. United StatesSupreme Court of the United States · 1919
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Durland v. United StatesSupreme Court of the United States · 1896
- Rosen v. United StatesSupreme Court of the United States · 1896
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3Cited by23 opinions
- United States v. Frank Roosevelt HaskinsCourt of Appeals for the Sixth Circuit · 1965
- Stephan v. United StatesCourt of Appeals for the Sixth Circuit · 1943
- Robilio v. United StatesCourt of Appeals for the Sixth Circuit · 1923
- Rudner v. United StatesCourt of Appeals for the Sixth Circuit · 1922
- Williams v. United StatesCourt of Appeals for the Sixth Circuit · 1925
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