United States v. Kuzma

HASTIE, Circuit Judge.

The nine appellants have been convicted of conspiracy to violate the Smith Act.1 The indictment presents the unlawful scheme in two distinct aspects, each stated to conform with a particular clause of the Smith Act.2 The conspirators are said to have plotted, first, to *621teach the duty and necessity of violently overthrowing the government of the United States as soon as circumstances should permit, and second, to organize the Communist Party of the United States as a group of persons to advocate such violent aggression against our government. The government offered…