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O'CONNELL v. UNITED STATES

No. 221.

253 U.S. 142 (1920)

40 S.Ct. 444

64 L.Ed. 827

O'CONNELL ET AL. v. UNITED STATES.

Supreme Court of United States.

Decided May 17, 1920.

Attorney(s) appearing for the Case

Mr. Gilbert E. Roe, with whom Mr. Joseph L. Tepper, Mr. Seth Shepard, Jr., Mr. David Jay Smith, Mr. Herman B. Smith and Mr. T.C. West were on the briefs, for plaintiffs in error.

Mr. Assistant Attorney General Stewart, with whom Mr. W.C. Herron was on the brief, for the United States.

MR. JUSTICE McREYNOLDS delivered the opinion of the court.

Plaintiffs in error were tried under an indictment with two counts. The first charges a conspiracy to violate the Espionage Act, — § 3, Act June 15, 1917, c. 30, 40 Stat. 217, 219 — by obstructing the recruiting and enlistment service; the second a conspiracy to violate the Selective Service Law — § 6, Act May 18, 1917, c. 15, 40 Stat. 76, 80.

A demurrer, challenging...

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