Legal Opinion

Rhuberg v. United States

Court of Appeals for the Ninth Circuit

Decided February 24, 1919No. 3196PublishedCited by 11 opinions

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 Julius Rhuberg. Judgment of conviction, and defendant brings error.

1Opinion of the Court

MORROW, Circuit Judge.

The indictment in this case contained four counts, each charging a violation of the Espionage Act. Act June 15, 1917, c. 30, 40 Stat. 217-219. The third count was dismissed before trial. Upon the trial the jury found the defendant not guilty as to counts 1 and 2 of the indictment, and guilty as to count 4. The fourth count charges:

“That at and during all the time between the 6th day of April, 1917, and the date of the finding of this indictment, the United States was then and is now at war with the Imperial German government, said state of war having been on said 6th day…

2Cases cited10 opinions

  1. Williamson v. United StatesSupreme Court of the United States · 1908
  2. Bennett v. United StatesSupreme Court of the United States · 1913
  3. Jones v. United StatesCourt of Appeals for the Ninth Circuit · 1910
  4. Bennett v. United StatesCourt of Appeals for the Sixth Circuit · 1912
  5. Doe v. United StatesCourt of Appeals for the Eighth Circuit · 1918

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

3Cited by11 opinions

  1. People v. LloydIllinois Supreme Court · 1922
  2. State v. SchleiferSupreme Court of Connecticut · 1925
  3. Howenstine v. United StatesCourt of Appeals for the Ninth Circuit · 1920
  4. Butler v. United StatesCourt of Appeals for the Seventh Circuit · 1943
  5. Equi v. United StatesCourt of Appeals for the Ninth Circuit · 1919

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

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