State v. Diedtman
Montana Supreme Court
Appeal from District Court, Lewis am,d Clark County; B. Lee Word, Judge. Tony Diedtman was convicted of sedition, and from tbe judgment and an order denying his motion for a new trial he appeals. The information does not state, and the prosecution did not prove, facts sufficient to constitute a public offense. The language attributed to the defendant was not 'seditious. (State v. Kahn, 56 Mont. 108, 182 Pac. 107; Schenck v. United States, 249 U. S. 47, 63 L. Ed. 470, 39 Sup.
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Appeal from District Court, Lewis am,d Clark County; B. Lee Word, Judge. Tony Diedtman was convicted of sedition, and from tbe judgment and an order denying his motion for a new trial he appeals. The information does not state, and the prosecution did not prove, facts sufficient to constitute a public offense. The language attributed to the defendant was not 'seditious. (State v. Kahn, 56 Mont. 108, 182 Pac. 107; Schenck v. United States, 249 U. S. 47, 63 L. Ed. 470, 39 Sup. Ct. Rep. 247; Frohwerk v. United States, 249 U. S. 204, 63 L. Ed. 561, 39 Snp. Ct. Rep. 249; Debs v. United States, 249…
1Opinion of the Court
Opinion
2Per curiam
By an information filed in the district court of Lewis and Clark county on May 31, 1918, the defendant was charged with the crime of sedition. Upon his first trial the jury failed to agree upon a verdict. The second trial resulted in a verdict of guilty, with a recommendation to the mercy of the court. The defendant was sentenced to imprisonment in the penitentiary for a term of not less than ten years nor more than twenty years, and has appealed from the judgment and from an order denying his motion for a new trial. There are forty-seven assignments of error, but the contentions made…
3Cases cited16 opinions
- Schenck v. United StatesSupreme Court of the United States · 1919
- People v. . McQuadeNew York Court of Appeals · 1888
- State v. SmithMontana Supreme Court · 1920
- Sullivan v. StateSupreme Court of Alabama · 1893
- Martin v. CorscaddenMontana Supreme Court · 1906
11 more not listed; retrieve them via the Exa API.
4Cited by13 opinions
- District of Columbia v. ClawansSupreme Court of the United States · 1937
- State v. LaMereMontana Supreme Court · 2000
- State v. CanipeSupreme Court of North Carolina · 1954
- State v. DixsonMontana Supreme Court · 1927
- State v. RitzMontana Supreme Court · 1922
8 more not listed; retrieve them via the Exa API.