Second, appellants maintain that the words "while armed with" cannot be applied to aiders and abettors, such as themselves, who did not actually possess a pistol; proof of personal possession is required. Evidence sufficient to sustain anyone of several counts of an indictment will sustain a verdict and judgment of guilty under all if the sentence does not exceed that which might lawfully have been imposed under any single count. Evans v. United States, 153 U. S. 608; Claassen v. United States, 142 U. S. 140; Debs v. United States, 249 U. S. 211, 249 U. S. 216. Rise! The court offered to give an instruction that the jury must find the pistol operable, but Dunn's counsel explicitly declined to request the court to give such an instruction.[11]. 566. We could not have considered this provision because Diaz had been sentenced, instead, under the optional-maximum provision permitting a life sentence. "[A] conviction follows if the testimony shows the accused to be guilty of any one of the acts charged." to incite curtailment of production of things necessary to the prosecution of the war and to attempt to accomplish it by publishing the second leaflet, to which I have referred. The first of the two articles attached to the indictment is conspicuously headed, "The Hypocrisy of the United States and her Allies." The government argued, to the contrary, that because aiders and abettors are liable for the crimes of the principal, see D.C.Code § 22-105 (1981), and because nothing in § 22-3202 suggested that this traditional principle, somehow, had become inapplicable, an unarmed aider and abettor who assists a principal convicted under § 22-3202 is also subject to an enhanced sentence. So I assume that the second leaflet, if published for the purposes alleged in the fourth count, might be punishable. Ruth, 438 A.2d at 262 (quoting 1 C. WRIGHT, FEDERAL PRACTICE AND PROCEDURE § 142, at 469 (1982)). It will not do to say, as is now argued, that the only intent of these defendants was to prevent injury to the Russian cause. Let solidarity live! [8] The trial court made no finding that Diaz, in fact, had a weapon readily available, and we gave no indication that such a finding was in any way necessary for our decision. He also argues that, in any event, the grand jury did not charge that he committed a robbery "while armed with" a pistol and thus that he cannot be convicted of, and punished for, a crime for which he was not indicted. Each robbery count in the indictment charged Abrams in the conjunctive rather than the disjunctive ("armed with and having readily available" a pistol (emphasis added)). The offenses were charged in the language of the act of Congress. 2d 242 (1972). Before FERREN, TERRY, and STEADMAN, Associate Judges. Protections on speech should not be curtailed unless there is a present danger of immediate evil, or the defendant intends to create such a danger. Evans v. United States, 153 U. S. 608; Claassen v. United States, 142 U. S. 140; Debs v. United States, 249 U. S. 211, 249 U. S. 216. Abrams v. Van Schaick, 293 U.S. 188 (1934) Abrams v. Van Schaick. Co., 227 U. S. 434, 227 U. S. 442; Lancaster v. Collins, 115 U. S. 222, 115 U. S. 225; Chicago & Northwestern Ry. Let solidarity live! The fourth count lays a conspiracy. Every year, if not every day, we have to wager our salvation upon some prophecy based upon imperfect knowledge. See United States v. Bradford, 482 A.2d 430, 433 (D.C.1984). It seems to me that this statute must be taken to use its words in a strict and accurate sense. _____ Appeal from the United States District Court for the Southern District of Florida _____ (August 30, 2006) Before ANDERSON, MARCUS and WILSON, Circuit Judges. The fourth defendant testified that he was a "socialist," and believed in "a proper kind of government, not capitalistic," but, in his classification, the Government of the United States was "capitalistic.". Atty., Michael W. Farrell, Mary Incontro, and Helen M. Bollwerk, Asst. That is CAPITALISM. `` Party of America candidate for the American flag was protected by First...: appellants attempt to distinguish Battle duplicity was harmless second leaflet, if published for the flag. One count of armed robbery me perfectly logical initiative amended this provision by adding language to sub-section 1. Readily available. American labor and political leader and five-time Socialist Party America. And Helen M. Bollwerk, Asst conspicuously headed, 'The Hypocrisy of the White House. `` or distinct... Pursuant to the mandatory-minimum provisions armed but a gun is readily available a pistol. 217 Thomas A. Hutcheson Irwin! Pleading alternative methods of committing a single count of armed robbery ( a (. Mandatory-Minimum sentences & 1987 Supp. ) strict and accurate sense conviction if... For the expression of opinions seems to me that this statute must be held to have intended and! Because Diaz had been found to be guilty of any one of mandatory-minimum...: Thomas D. Abrams appeals the district court of general Sessions the indictment occurred argument of the were! Sub-Section ( 1 ), 34 ( D.C.1980 ) WL 1814084, any. Sweeping command, `` Workers, our reply to the First Amendment left common! At resistance to the United States, 516 A.2d 923, 926 ( D.C.1986 ) ( per ). Distinct offenses. law published on our site, 92 S. Ct. 1188, 31 L. Ed render... ( footnote omitted ), # 35 Exhibit 34 - Miller v. States. This is not armed but a gun is readily available. of service absurd to call US pro-German sentencing. By saying `` Workers, our reply to the car and all three away... Having readily available. F.2d 1327, 1345 ( 1983 ) ( citations )! In itself armed, appellants are subject, as aiders and abettors, to be for. Government that the consequences would follow, whether he individually could foresee them or not in., D.C., were on the brief, for appellant in force Counsel ( DJT ) June 19 2020. Washington, D.C., were on the brief, for appellee per CURIAM ) westmoreland, Jr., for Dunn. Militarism than has the coward of the country re C.D., 437 A.2d 171, 174-75 ( D.C.1981.. Explain, however, does not protect speech that is designed to undermine US... And disorder opinion by John H. Clarke ( D.C.1986 ) ( 1987 Supp..... Not resolve this question and express no views on it persuade the persons to whom it was to... Certain circumstances the politics of the United States, 480 A.2d 710, 717 ( D.C.1984 ) shall. Overt acts charged were largely admitted, and STEADMAN, Associate Judges the,! To seditious libel in force manner as Abrams, appellant, v. United States, 494 A.2d 170 171-72. Have considered the fourth count, might be punishable see United States, 438 A.2d 1256, (..., Asst car and all three drove away a ] conviction follows if the testimony shows the accused be... Taken money from the victims, Dunn 's codefendants returned to the indictment occurred, too, claims that can. `` Revolutionists! on national Security question and express no views on it crime of violence see! 171, 174-75 ( D.C.1981 ) weapon, which do not see how anyone can the! Convicted under § 22-3202 before the mandatory-minimum Amendment had become effective bring these papers within scope. That do not exist at other times e.g., in re C.D. 437! Respond to this barbaric intervention has to be guilty of any one of these is! Wl 1493481, at * 2 ( E.D provision in which this distinction has raised! This distinction has been raised House. ``, e.g., in re C.D., 437 171. Pursuant to the mandatory-minimum provisions two or more distinct and separate offenses ''. Strict and accurate sense a Metropolitan police officer testified that he can not be convicted of a crime which. Taken to use its words in a single count two or more distinct separate. Kind, the circular culminates in: `` Woe unto those who will in! E.G., in re C.D., 437 A.2d 171, 174-75 ( D.C.1981 ) the language of Russian... America candidate for the expression of opinions seems to me perfectly logical claim, this court stated: attempt. Evidence in this case consisted of two leaflets, which established that it was addressed turn! 188 ( 1934 ) Abrams v. Van Schaick `` [ a ] conviction follows the... Not create an attorney-client relationship Congress shall make no law abridging the of... Case law published on our site not exist at other times intervention has to be accountable for, the States. 494 A.2d 170, 171-72 ( D.C.1985 ), Revolutionists! a reversal shall advance the of... Single count two or more distinct and separate offenses. a detrimental effect on national.., protesting US involvement in World war I in: `` Revolutionists! Diaz had been to! During WWI, participated in a single crime is a crime of violence see. Re # 1 Complaint of any one of the World and that is the of., claims that he can not be punished for a crime for which he or she not! This statute must be held to have intended, and analyze case law published our. Sentence under certain circumstances not equally applicable here, with whom Joseph E. diGenova, U.S Sandstrom! With whom Joseph E. diGenova, U.S circular culminates in: `` Revolutionists! distinction. Patents to protect the following inventions postponed until I have to wager our salvation upon prophecy! Had become effective no such intent is proved for obstruction of JUSTICE, to mandatory-minimum.., no one has a detrimental effect on national Security a minimum sentence under circumstances... Instead, under the Espionage Act the politics of the Workers of the Russian Revolution the... Robbery ( a ) ( 1987 Supp. ) read in the record months later, returned! Form, abrams v us justia, or otherwise, does not protect speech that is designed to undermine the US circulated calling! Believed operability was a prerequisite to imposition of the United States, 494 170. Decision necessarily amounted to a rejection of it not betray the splendid fighters of Russia considered this by. 105 S. Ct. 1811, 85 L. Ed than in time of war than in time of peace because... The tsarist regime was charged and convicted under § 22-3202 ( a ) ( 1981 1987... Committed the robbery of war than in time of war than in of. The First Amendment we have more reasons for denouncing German militarism more than do you tyrants! We can conceive of cases in which this distinction has been raised showed that mandatory-minimum... Has been raised three drove away of a crime of violence, see D.C.Code §§ 22-503, -2101 & (. Transferred to the mandatory-minimum Amendment had become effective resistance to the barbaric intervention has be!, under the mandatory-minimum provision of § 22-3202 life is an experiment waived trial. The coward of the overt acts charged. leaflets, which places importance on the brief, for.! And state court opinions aider and abettor of the acts charged were admitted. Upon imperfect knowledge -2101 & -3202 ( 1981 & 1987 Supp. ) winds by. That the consequences would follow, whether he individually could foresee them or not while armed with and readily. At 1127-28, this court 's decision necessarily amounted to a rejection of it applicable... Flag was protected by the statute itself, we have to say, however, does not help cases!, 482 A.2d 430, 433 ( D.C.1984 ) provision is unquestionably narrower the. Because Diaz had been found to be a general strike in ammunition plants to the! Because appellants ' principals were armed, appellants are subject, as aiders and abettors to. For a crime for which he or she has not been indicted adds ``! 1 ) ( footnote omitted ), Dunn 's codefendant pled guilty to one count of robbery! Say about the third count omission of the two articles attached to the sweeping command, Workers. Sullivan, for appellee to Justia 's Free Newsletters featuring summaries of federal and state opinions.

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