Junius Irving Scales v. United States

PARKER, Chief Judge.

This is an appeal in a criminal case by a defendant who has been convicted of violation of section 2 of the Smith Act of June 28, 1940, 54 Stat. 670, 671, 18 U.S.C.A. § 2385. That section, as brought forward in the United States Code, is as follows:

“Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, oi‘ propriety' of overthrowing or destroying the government of the United States or the government of ' any State; Territory, District or Possession thereof, or the government of any political, subdivision therein, by force…