Legal Opinion

State v. Sinchuk

Supreme Court of Connecticut

Decided August 4, 1921PublishedCited by 19 opinions

Information charging the accused with violation of Chapter 312 of the Public Acts of 1919, entitled An Act concerning Sedition, brought to and reserved by the Superior Court in Fairfield County (Máltbie, J.) for the advice of this court, on the issues of law raised by a demurrer to the information.

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Information charging the accused with violation of Chapter 312 of the Public Acts of 1919, entitled An Act concerning Sedition, brought to and reserved by the Superior Court in Fairfield County (Máltbie, J.) for the advice of this court, on the issues of law raised by a demurrer to the information. The information charges “that on the. 14th day of March, 1921, at Bridgeport in said County, Tihon Sinchuk and Alexander Yavsk, not being citizens of the United States or of the State of Connecticut, and residing in said Bridgeport, with force and arms did publicly exhibit or advertise certain…

1Opinion of the CourtBeach, J.

The statute in question is entitled “An Act concerning Sedition”; and on its face it appears to penalize three classes of publications: (1) disloyal, scurrilous or abusive matter, concerning the form of .government of the United States, its military forces, flag or uniforms; (2) any matter intended to bring them into contempt; (3) or which creates or fosters opposition to organized government. The demurrer, and the stipulation accompanying the reservation, waive all defenses except the unconstitutionality of the statute.

The brief for the accused presents this defense in three aspects, which…

2Cases cited13 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Truax v. RaichSupreme Court of the United States · 1915
  3. Nash v. United StatesSupreme Court of the United States · 1913
  4. United States v. L. Cohen Grocery Co.Supreme Court of the United States · 1921
  5. International Harvester Co. of America v. KentuckySupreme Court of the United States · 1914

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

3Cited by19 opinions

  1. Pierce v. AlbaneseSupreme Court of Connecticut · 1957
  2. State v. SulSupreme Court of Connecticut · 1958
  3. Rindge v. HolbrookSupreme Court of Connecticut · 1930
  4. Benjamin v. BaileySupreme Court of Connecticut · 1995
  5. Spector Motor Service, Inc. v. WalshSupreme Court of Connecticut · 1948

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

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