Legal Opinion

United States v. Smith

District Court, S.D. Iowa

Decided February 3, 1966No. Cr. 4-1105-CPublishedCited by 9 opinions

1Opinion of the Court

STEPHENSON, Chief Judge.

This matter is now before the Court upon the motion of the defendant, Stephen Lynn Smith, to dismiss the indictment filed against him. Pursuant to Federal Rule of Criminal Procedure 12 (b) (4), ruling on the motion was deferred, and evidence relating to the defendant’s motion to dismiss was received during the trial of the general issue. The basic contention which the defendant raises in his motion to dismiss is that the indictment involved herein charges him with violation of laws that are unconstitutional. The several constitutional grounds upon which the defendant…

2Cases cited22 opinions

  1. West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
  2. Nebbia v. New YorkSupreme Court of the United States · 1934
  3. United States v. HarrissSupreme Court of the United States · 1954
  4. Near v. Minnesota Ex Rel. OlsonSupreme Court of the United States · 1931
  5. Stromberg v. CaliforniaSupreme Court of the United States · 1931

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3Cited by9 opinions

  1. United States v. Willie Edward RabbCourt of Appeals for the Third Circuit · 1968
  2. United States v. David J. MillerCourt of Appeals for the Second Circuit · 1966
  3. United States v. Ronald Michael KroskyCourt of Appeals for the Sixth Circuit · 1969
  4. Stephen Lynn Smith v. United StatesCourt of Appeals for the Eighth Circuit · 1966
  5. State Ex Rel. Nebraska State Bar Ass'n v. HolscherNebraska Supreme Court · 1975

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