In re Moore
Idaho Supreme Court
Petition for writ of habeas corpus. The term “sabotage” as used in the Idaho criminal syndicalism law is restricted to such meaning or meanings only as constitute unlawful acts, viz., damage or destruction of property. The rule “noscitur a sociis” requires such construction.
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Petition for writ of habeas corpus. The term “sabotage” as used in the Idaho criminal syndicalism law is restricted to such meaning or meanings only as constitute unlawful acts, viz., damage or destruction of property. The rule “noscitur a sociis” requires such construction. (State v. Aspelin, 118, Wash. 331, 203 Pac. 964; State v. Tonn, 195 Iowa, 94, 191 N. W. 530; State v. Ding-man, 37 Ida. 253, 219 Pac. 760.) Every statutory definition of “sabotage” of other states limits its meaning to damage or destruction of property. (State v. Dingman, 37 Ida. 253, 219 Pac. 760; California, Henning…
1Opinion of the CourtDunn, J.
— Petitioner was charged with criminal syndicalism, and after a preliminary examination was held to answer to the district court of Bonner county. His application for a writ of habeas corpus is based on the claim that he was committed without reasonable or probable cause.
The statute under which petitioner is being prosecuted is as follows:
“Criminal syndicalism is the doctrine which advocates crime, sabotage, violence or unlawful methods of terrorism as a means of accomplishing industrial or political reform. The advocacy of such doctrine, whether by word of mouth or writing, is a felony…
2Cases cited4 opinions
- United States v. LacherSupreme Court of the United States · 1890
- United States v. BathgateSupreme Court of the United States · 1918
- State v. Lutey Bros.Montana Supreme Court · 1919
- State v. TuffsMontana Supreme Court · 1917
3Cited by8 opinions
- State v. RobbinsIdaho Supreme Court · 1938
- State v. HahnIdaho Supreme Court · 1968
- State v. FitzpatrickIdaho Supreme Court · 1965
- Boise Assn. of Credit Men v. SeawellIdaho Supreme Court · 1929
- In re BatesIdaho Supreme Court · 1924
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