Legal Opinion

State v. Townley

Supreme Court of Minnesota

Decided July 5, 1918No. Nos. 20,926, 20,927PublishedCited by 8 opinions

A. C. Townley and Joseph Gilbert were indicted by the grand jury of Martin county under Laws 1917, p. 764, c. 463, of the crime of publishing and circulating a certain pamphlet which advocated that men should not enlist in the military or naval forces of the United States, and that citizens of Minnesota should not assist in prosecuting the war with public enemies of the United States.

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A. C. Townley and Joseph Gilbert were indicted by the grand jury of Martin county under Laws 1917, p. 764, c. 463, of the crime of publishing and circulating a certain pamphlet which advocated that men should not enlist in the military or naval forces of the United States, and that citizens of Minnesota should not assist in prosecuting the war with public enemies of the United States. The case was tried in the district court for "that county before Tiffit, J., who overruled defendants’ demurrer to the indictment, and certified the case to the supreme court upon the questions set out in the…

1Opinion of the CourtQuinn, J.

These two prosecutions involve the same questions and are considered and disposed of together in one opinion. Defendants were jointly indicted by the grand jury of Martin county and thereby charged by two separate indictments of violations of chapter 463, p. 764, Laws 1917. Defendants joined in general demurrers to each indictment, which were overruled by the trial court. Whereupon, at the instance of defendants, the proceedings were certified to this court for the determination of two questions, applicable to both, namely: (1) Is section 3 of the statute on which the indictments are founded…

2Cases cited6 opinions

  1. Ex Parte MilliganSupreme Court of the United States · 1867
  2. State v. HolmSupreme Court of Minnesota · 1918
  3. United States v. PierceDistrict Court, N.D. New York · 1917
  4. Masses Pub. Co. v. PattenCourt of Appeals for the Second Circuit · 1917
  5. United States v. HallDistrict Court, D. Montana · 1918

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. TownleySupreme Court of Minnesota · 1921
  2. Fuhrman v. United America InsurorsSupreme Court of Minnesota · 1978
  3. State v. GilbertSupreme Court of Minnesota · 1918
  4. LeBorius v. ReynoldsSupreme Court of Minnesota · 1946
  5. In Re Estate of LeboriusSupreme Court of Minnesota · 1946

3 more not listed; retrieve them via the Exa API.

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