Legal Opinion

Fontana v. United States

Court of Appeals for the Eighth Circuit

Decided December 8, 1919No. 5295PublishedCited by 50 opinions

In Error to the District Court of the United States for the District of North Dakota; Charles E. Amidon, Judge. J. Fontana was convicted of violating the Espionage Act, and he brings error.

1Opinion of the Court

SANBORN, Circuit Judge.

The defendant below was convicted of three violations of section 3 of the Espionage Act of June 15, 1917 (40 Slat. p. 217, c. 30 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 10212c]), and sentenced to three years in the penitentiary under an indictment containing three counts which charged that by saying the same words on or about December 19, 1917, he(1) Willfully made and conveyed false reports with the intent to interfere with the operation and success of the military and naval forces of the United States and to promote the success of its enemies, to tile injury of…

2Cases cited17 opinions

  1. United States v. CruikshankSupreme Court of the United States · 1876
  2. Schenck v. United StatesSupreme Court of the United States · 1919
  3. United States v. CarllSupreme Court of the United States · 1882
  4. United States v. HessSupreme Court of the United States · 1888
  5. United States v. BrittonSupreme Court of the United States · 1883

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3Cited by50 opinions

  1. Rumely v. United StatesCourt of Appeals for the Second Circuit · 1923
  2. United States v. SmithDistrict Court, W.D. Missouri · 1954
  3. United States v. TuckerDistrict Court, S.D. New York · 1966
  4. Goldberg v. United StatesCourt of Appeals for the Eighth Circuit · 1921
  5. Weisman v. United StatesCourt of Appeals for the Eighth Circuit · 1924

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