Stephens v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the Southern District of California; Benjamin F. Bledsoe, Judge. Criminal prosecution by the United States against E. A. Stephens. Judgment of conviction, and defendant brings error. Stephens asks reversal of a conviction for violation of section 3, title 1, of the Act of June 15, 1917 (40 Stat. 219, c. 30 [Comp. St. 1918, § 10212c)) known as the Espionage Act.
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In Error to the District Court of the United States for the Southern Division of the Southern District of California; Benjamin F. Bledsoe, Judge. Criminal prosecution by the United States against E. A. Stephens. Judgment of conviction, and defendant brings error. Stephens asks reversal of a conviction for violation of section 3, title 1, of the Act of June 15, 1917 (40 Stat. 219, c. 30 [Comp. St. 1918, § 10212c)) known as the Espionage Act. The charge was that in March, 1918, at Kedlands, Cal., Stephens did knowingly and feloniously attempt to cause insubordination, disloyalty, mutiny, and…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). [1] The contention is that the indictment does not state facts sufficient to constitute a public offense, in that it failed to set forth that the United States was at war when the acts charged were done, and failed to allege that any attempt was made to cause insubordination, disloyalty, and refusal of duty by sale or offer of sale to any person who was registered or eligible for service in the military and naval forces of the United States. So far as material, section 3, tit. 1, of the act referred to, provides that whoever, when the United States is at…
2Cases cited4 opinions
- Shilter v. United StatesCourt of Appeals for the Ninth Circuit · 1919
- Kirchner v. United StatesCourt of Appeals for the Fourth Circuit · 1918
- United States v. EastmanDistrict Court, S.D. New York · 1918
- Goldstein v. United StatesCourt of Appeals for the Ninth Circuit · 1919
3Cited by9 opinions
- Hagner v. United StatesSupreme Court of the United States · 1932
- Hopper v. United StatesCourt of Appeals for the Ninth Circuit · 1943
- United States v. PelleyCourt of Appeals for the Seventh Circuit · 1942
- Eugene W. Beadnell v. United States of America, Gary S. Clemens v. United StatesCourt of Appeals for the Ninth Circuit · 1962
- Henderson v. BryanDistrict Court, S.D. California · 1942
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