United States v. John Francis Noto

RYAN, District Judge.

This is an appeal from a judgment of conviction and sentence for violation of the membership provision of the Smith Act, 18 U.S.C. § 2385. 1 ******The indictment charged:

1. That from January 1946 up to November 1954 (the date of the filing of the indictment), the Communist Party has at all times been a group of persons who teach and advocate the forcible overthrow of the Government of the United States as speedily as circumstances would permit;

2. That continuously from January 1946, the defendant has been a member of the Communist Party well knowing that it was a group…