State v. Wyman
Montana Supreme Court
Appeals from. District Court of Dawson County in the Seventh Judicial District; A. C. Spencer, a Judge of the Thirteenth District, presiding. R. L. Wyman was convicted of tbe crime of sedition and appeals from the judgment and an order denying his motion for a new trial. The state had no power to pass the law under which this prosecution is instituted.
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Appeals from. District Court of Dawson County in the Seventh Judicial District; A. C. Spencer, a Judge of the Thirteenth District, presiding. R. L. Wyman was convicted of tbe crime of sedition and appeals from the judgment and an order denying his motion for a new trial. The state had no power to pass the law under which this prosecution is instituted. The subject matter of war is national, and every subject involved in the war, as such, is exclusively within the jurisdiction of the Congress. As was said in the case of Pappens v. United States, 252 Fed. 55, 57, 164 C. C. A. 167: “The control…
1Opinion of the CourtJustice Matthews
On the twenty-third day of April, 1918, the county attorney of Dawson county filed an information against appellant, in which it is alleged that on the fifteenth day of March, 1948, at the county of Dawson and state of Montana, the said R. L. Wyman committed the crime of sedition, as follows: “That said R. L. Wyman did then and there, while the United States was engaged in war, willfully, unlawfully and feloniously state to divers persons and utter the following language calculated to bring the soldiers of the United States into contempt, scorn, contumely and disrepute: The said defendant did…
2Cases cited12 opinions
- State v. GaimosMontana Supreme Court · 1916
- People v. LeyshonCalifornia Supreme Court · 1895
- State v. McCarthyMontana Supreme Court · 1907
- State v. VinnMontana Supreme Court · 1914
- People v. SwaileCalifornia Court of Appeal · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. EbelMontana Supreme Court · 1932
- State v. SmithMontana Supreme Court · 1920
- State v. CassillMontana Supreme Court · 1924
- State v. BrooksMontana Supreme Court · 1920
- State v. FowlerMontana Supreme Court · 1921
15 more not listed; retrieve them via the Exa API.