Wimmer v. United States
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge. Peter Wimmer was convicted of an offense, and he brings error.
1Opinion of the Court
DENISON, Circuit Judge.
The plaintiff in error was convicted of a violation of the so-called Second Espionage Act, being section 3 of title 1 of the Act of June 15, 1917, as amended May 16, 1918 (40 Stat. 553 [Comp. St. 1918, Comp. St Ann. Supp. 1919, § 10212c]). Thé indictment is based wholly upon what may be called clause 10 of the amendatory act, which reads:
“Whoever 'shall by word or act support or favor the cause of any country with which the United States is at war or by word or act oppose the cause of the United States therein, shall be punished. * * * ”
Upon the trial, the third count…
2Cases cited5 opinions
- Ex Parte Bollman and SwartwoutSupreme Court of the United States · 1807
- Frohwerk v. United StatesSupreme Court of the United States · 1919
- Schaefer v. United StatesSupreme Court of the United States · 1920
- Schoborg v. United StatesCourt of Appeals for the Sixth Circuit · 1920
- White v. United StatesCourt of Appeals for the Sixth Circuit · 1920
3Cited by13 opinions
- Stephan v. United StatesCourt of Appeals for the Sixth Circuit · 1943
- Berg v. StateCourt of Criminal Appeals of Oklahoma · 1925
- Dierkes v. United StatesCourt of Appeals for the Sixth Circuit · 1921
- United States v. ChandlerDistrict Court, D. Massachusetts · 1947
- Butler v. United StatesCourt of Appeals for the Seventh Circuit · 1943
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