Junius Irving Scales v. United States

SOPER, Circuit Judge.

This appeal is taken from a judgment of conviction under the membership clause of § 2(a) (3) of the Smith Act of June 28, 1940, 54 Stat. 670, 671, which has been codified in the U. S. Code of Crimes and Criminal Procedure in the third paragraph of 18 U.S.C. § 2385, as follows:

“Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government 1 by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of…