Legal Opinion

Ex parte Starr

District Court, D. Montana

Decided January 31, 1920No. 794PublishedCited by 2 opinions

Application by E. V. Starr for writ of habeas corpus.

1Opinion of the Court

BOURQUIN, District Judge.

In this habeas corpus it appears that in February, 1918, the Montana Legislature enacted a statute “defining the crime of sedition,” which, in so far as it relates to the flag, is like the federal Espionage Law of May, 1918. In August, 1918, an information was filed in (he state court, charging that in March, 1918, this petitioner had “committed the crime of sedition,” by uttering and publishing contemptuous and slurring language about the flag and language calculated to bring the flag into contempt and disrepute, as follows:

“What is this thing anyway? Nothing but a…

2Cases cited4 opinions

  1. Frank v. MangumSupreme Court of the United States · 1915
  2. Abrams v. United StatesSupreme Court of the United States · 1919
  3. Halter v. NebraskaSupreme Court of the United States · 1907
  4. Urquhart v. BrownSupreme Court of the United States · 1907

3Cited by2 opinions

  1. Walker v. KellarCourt of Appeals of Texas · 1920
  2. Taylor v. StateMississippi Supreme Court · 1943

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