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MUSSER v. UTAH

No. 60.

333 U.S. 95 (1948)

68 S.Ct. 397

92 L.Ed. 562

MUSSER ET AL. v. UTAH.

Supreme Court of United States.

Reargued January 5, 1948.

Decided February 9, 1948.

Attorney(s) appearing for the Case

Claude T. Barnes argued the cause and filed a brief for appellants.

Calvin L. Rampton and Zar E. Hayes, Assistant Attorneys General of Utah, argued the cause for appellee on the original argument, and Mr. Rampton on the reargument. With them on the brief was Grover A. Giles, Attorney General.

Arthur Garfield Hays and Osmond K. Fraenkel filed a brief for the American Civil Liberties Union, as amicus curiae, urging reversal.

MR. JUSTICE JACKSON delivered the opinion of the Court.

The appellants sought review by this Court of a decision by the Supreme Court of Utah on the ground that the State convicted them in violation of the Fourteenth Amendment to the Federal Constitution. In the trial court a motion to dismiss the charge at the close of the evidence broadly indicated reliance on the Fourteenth as well as the First Amendment, and such reliance...

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