Kumpula 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; Charles E. Wolverton, Judge. Criminal prosecution by the United States against Elmer Kumpula. Judgment of conviction, and defendant brings error.
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, In Error to the District Court of the United States for the District of Oregon; Charles E. Wolverton, Judge. Criminal prosecution by the United States against Elmer Kumpula. Judgment of conviction, and defendant brings error. Kumpula was convicted under five counts of an indictment which charged him with violation of section 3, tit. 1, c. 30. of the act of Congress approved June 15, 1917 (40 Stat. 219), as amended by Act May 16, 1918, c. 75, § 1, 40 Stat. 553 (Comp.,St. 1918, § 10212c), known as the Espionage Act. The first two counts charge that Kumpula, in the presence of certain named…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). [1] It is contended that the indictment was insufficient, in that “the alleged libelous matter must be set out according to its tenor, and not according to its substance and effect.” If the indictment under consideration were for libel, such a position would require consideration; but where the charge is the willful and intentional doing of certain acts by making certain statements with certain intentions, and the acts are made criminal by statute, an indictment which follows the language of the statute, and gives a statement of facts and circumstances…
2Cases cited3 opinions
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Rhuberg v. United StatesCourt of Appeals for the Ninth Circuit · 1919
- State v. LoweryWashington Supreme Court · 1918
3Cited by5 opinions
- People v. MalleyCalifornia Court of Appeal · 1920
- People v. TaylorCalifornia Supreme Court · 1921
- United States v. PelleyCourt of Appeals for the Seventh Circuit · 1942
- Equi v. United StatesCourt of Appeals for the Ninth Circuit · 1919
- Maki v. United StatesCourt of Appeals for the Ninth Circuit · 1926