United States v. Malphurs

This appeal comes here directly from the District Court for the Southern District of Florida under the authority of the Criminal Appeals Act, 34 Stat. 1246,18 U. S. C. § 682, and § 238 of the Judicial Code as amended, 43 Stat. 936, 938, 28 U. S. C. § 345. In the District Court, a demurrer to an indictment was sustained on the sole ground that §§ 3 and 4 of the Hatch Act, “An Act to prevent pernicious political activities” approved August 2, 1939, 53 Stat. 1147, set out below, 1 2*were inapplicable to a state primary.6 Neither the assignment of errors nor the jurisdictional statement specifies…