State v. Jenkins

McCALEB, Justice.

Appellee was charged in a bill of information with violating R.S. 14:366-380, known as the Subversive Activities Law, in that she is a member of the Communist Party, knowing it to be a foreign subversive organization as defined in Section 366 of the statute.

In a motion to quash based on several grounds, appellee pleaded that the power of the State to enact and enforce anti-subversive legislation has been superseded by the Congress of the United States in its enactment of the Smith Act, 18 U.S.C. Section 2385. The district judge- sustained the motion and dismissed the charge…