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COMMONWEALTH v. NELSON

377 Pa. 58 (1954)

Commonwealth v. Nelson, Appellant.

Supreme Court of Pennsylvania.

January 25, 1954.

Attorney(s) appearing for the Case

Victor Rabinowitz, of the New York Bar, with him Hymen Schlesinger and Louis F. McCabe, for appellant.

William F. Cercone, Assistant District Attorney, with him James F. Malone, Jr., District Attorney, for appellee.

William Allen Rahill and Julian E. Goldberg; and Newell G. Alford, Jr., Herbert Monte Levy and Arthur Garfield Hays, of the New York Bar; filed a brief for the American Civil Liberties Union et al., amici curiae.

Before STERN, C.J., STEARNE, JONES, BELL and CHIDSEY, JJ.

OPINION BY MR. JUSTICE JONES, January 25, 1954:

The appellant Nelson was convicted in the Court of Oyer and Terminer of Allegheny County on all twelve counts of an indictment charging him, inter alia, with an attempt to overthrow the government of the United States by force and violence contrary to the Pennsylvania Sedition Act of 1919, re-enacted as a part of Pennsylvania's Criminal Code of 1939: see Section 207 of the Act...

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