William Sentner v. United States of America, Dorothy Rose Forest, Robert Manewitz, James Frederick Forest, and Marcus Alphone Murphy v. United States

SANBORN, Circuit Judge.

The appellants, who will be referred to> as “defendants”, were tried and convicted of conspiracy (18 U.S.C. § 371) to violate-the Smith Act (18 U.S.C. § 2385). The-indictment, which was filed September 24, 1952, charged them with conspiring-(1) to advocate and teach the duty and: necessity of overthrowing the Government of the United States by force and' violence as soon as circumstances should permit, and (2) to organize and help to-organize as the Communist Party of the-United States a group of persons to teach and advocate the violent overthrow of the-Government. At…