Arthur Bary, Anna Bary, Harold Zepelin, Joseph William Scherrer, Maia Scherrer and Patricia Julia Blau v. United States

BRATTON, Circuit Judge.

This is a criminal case in which Arthur Bary and others were charged in an indictment containing a single count with the offense of conspiring (1) to advocate and teach the duty and necessity of overthrowing the Government of the United States by force and violence, and (2) to organize the Communist Party of the United States to advocate and teach the overthrow and destruction of the Government of the United States by force and violence, in violation of the so-called Smith Act, 54 Stat. 670, 671, 18 U.S.C.A. § 2385. The substance of the indictment was stated on the…