State v. Brooks
Montana Supreme Court
Appeal from District Court, Beaverhead Countyj Jos. C. Smith, Judge. Albert Brooks was convicted of sedition, and from the judgment and from an order denying his motion for new trial, he appeals. Before taking up the specific rulings, we think it proper to discuss two propositions which go to the root of the principal disqualifying cause urged against the Jurors Stinson, Hollingsworth, Andrus, Shawver and Barrett. Both of these propositions the court seemingly ignored.
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Appeal from District Court, Beaverhead Countyj Jos. C. Smith, Judge. Albert Brooks was convicted of sedition, and from the judgment and from an order denying his motion for new trial, he appeals. Before taking up the specific rulings, we think it proper to discuss two propositions which go to the root of the principal disqualifying cause urged against the Jurors Stinson, Hollingsworth, Andrus, Shawver and Barrett. Both of these propositions the court seemingly ignored. They are: 1. A prejudice against a class is a prejudice against an individual member of that class. 2. Such a prejudice is…
1Opinion of the CourtJustice Holloway
The defendant was charged with the crime of sedition in obstructing and attempting to obstruct the national selective draft law and the recruiting and enlistment service of the United States at a time when this nation was engaged in the World Wax’, by distributing a pamphlet entitled “War and the Workers by Walker C. Smith.” He was convicted and sentenced to imprisonment in the penitentiary and has appealed from the judgment and f ~om an order denying his motion fox* a new trial.
The principal errors assigned relate to the preliminaries of [1,2] the trial. Counsel for defendant obtained leave…
2Cases cited10 opinions
- Wheeler v. WallaceMichigan Supreme Court · 1884
- People v. RigginsCalifornia Supreme Court · 1910
- Scribner v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Coughlin v. PeopleIllinois Supreme Court · 1893
- State v. MorganUtah Supreme Court · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. ThompsonArizona Supreme Court · 1949
- State v. PriceSupreme Court of North Carolina · 1990
- State v. AllredSupreme Court of North Carolina · 1969
- State v. BashorMontana Supreme Court · 1980
- State v. CareySupreme Court of North Carolina · 1974
18 more not listed; retrieve them via the Exa API.