O'CONNELL v. United States
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA. The case is stated in the opinion.
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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA. The case is stated in the opinion. The second count charged that the defendants conspired to make and caused to be made false statements and certificates as to their liability and as to the liability of certain other persons, named or unknown, for military service under the Selective Service ¿aw and regulations, and to aid and abet such persons, they being of draft age and liability, to evade the act and regulations, and particularly to aid and counsel them to refuse and fail to present themselves for…
1Opinion of the CourtJustice McReynolds
delivered the .opinion of the court.
Plaintiffs in error were tried under an indictment with two counts. The first charges a conspiracy to violate the Espionage Act, — § 3, Act June 15, 1917, c. 30, 40 Stat. 217, 219 — by obstructing the recruiting and enlistment service; the second a conspiracy to violate the Selective Service Law — § 6, Act May 18, 1917, c. 15,40 Stat. 76, 80.
A demurrer, challenging the constitutionality of both acts and the sufficiency of each count, was overruled.
The trial continued from September 12 to 25, 1917, and resulted in the following verdict: “We, the jury, find…
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