Legal Opinion

United States v. Prieth

District Court, D. New Jersey

Decided August 1, 1918PublishedCited by 4 opinions

Benedict Prieth and others were indicted under Espionage Act, tit. 1, § 4, for a conspiracy 'to violate one of the provisions of section 3 of ■said actv On demurrer to indictment.

1Opinion of the Court

HAIGHT, District Judge.

The indictment to which the defendants have demurred, is based on section 4, title 1, of the so-called “Espionage Act” of June 15, 1917 (40 Stat. 217, c. 30), and charges a conspiracy to commit the third specific crime set forth in section 3, title 1, of that act, before it was amended by Act May 16, 1918, c. 75. It contains but one count, and alleges, in substance, that subsequent to June 15, 1917, the defendants conspired “unlawfully and willfully to obstruct the recruiting and enlistment service of the United States, to the injury of the service and of the United…

2Cases cited12 opinions

  1. Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
  2. Kirby v. United StatesSupreme Court of the United States · 1899
  3. In Re GrimleySupreme Court of the United States · 1890
  4. Goldman v. United StatesSupreme Court of the United States · 1918
  5. Franke v. MurrayCourt of Appeals for the Eighth Circuit · 1918

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. United States v. OffuttCourt of Appeals for the D.C. Circuit · 1942
  2. United States v. StrongDistrict Court, W.D. Washington · 1920
  3. State v. WolfMontana Supreme Court · 1919
  4. United States ex rel. Diamond v. SmithDistrict Court, D. Massachusetts · 1942

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