Legal Opinion

Burgman v. United States

Court of Appeals for the D.C. Circuit

Decided February 8, 1951No. 10489_1PublishedCited by 30 opinions

1Opinion of the Court

PRETTYMAN, Circuit Judge.

Appellant was indicted for treason, tried by court and jury, convicted, and sentenced to imprisonment. . Upon, this appeal he presents nine points. We have examined each with care.

1. Appellant says that his trial was not impartial, because Government employees sat upon the jury. We regard this question as set at rest by the decisions of the Supreme Court in Frazier v. United States 1 and Dennis v. United States. 2

2. He says that the indictment did not state an offense, in that (a) mere words and opinions cannot constitute overt acts and (b) treason is not committed by…

2Cases cited31 opinions

  1. United States v. WhiteSupreme Court of the United States · 1944
  2. United States v. WoodSupreme Court of the United States · 1936
  3. Dennis v. United StatesSupreme Court of the United States · 1950
  4. Blackmer v. United StatesSupreme Court of the United States · 1932
  5. Frazier v. United StatesSupreme Court of the United States · 1949

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3Cited by30 opinions

  1. Victor Harry Feguer v. United StatesCourt of Appeals for the Eighth Circuit · 1962
  2. Richard E. Loux and Neil Conrad Wallen v. United States of America, Vertis James Barrett, Arthur St. Peter Andharold Oscar Thomas v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  3. Kawakita v. United StatesSupreme Court of the United States · 1952
  4. Monroe v. United StatesCourt of Appeals for the D.C. Circuit · 1956
  5. Clifford Jones v. Honorable Oliver Gasch, Judge of the United States District Court for Thedistrict of ColumbiaCourt of Appeals for the D.C. Circuit · 1968

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