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Supreme Court — Part 13

118 pages · May 11, 2026 · Document date: Apr 23, 1958 · Broad topic: General · Topic: Supreme Court · 118 pages OCR'd
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“ — 16 - finding such counse) guilty of criminal contempt and seuteacing then te imprisoment. Held, this action was within the power of the trial judge. United § States v. Spector (1952), 343 U.S. 169, Spector was indicted fer violation of a ‘lew which made ita felony for an alien against whom a specified order of deportation was out- standing to "wilifully fail or refuse to make timely application in good faith for travel or other documents necessary to his departure", An | order of deportation was entered against him fa 1930 by reason of his advocacy of the overthrow of the goverment by force and violence. The District Court dismissed two counts of the indictment on the ground that the provision quoted was void for vagueness. The court held it was suf- ficiently definite to free it of the constitutional infirmity of vagueness, and reversed the decision. United States v. Remington, Cert. denied, 343 U.S. 907 (1952) Remington was convicted of perjury for denying under oath that he had been a member of the Communist Party and he appealed, The Cireuit Court held that instruction that to find membership in the Communist Party jury must find that defendant performed the act of joining the party, that the act of joining is crucial, that jury must not find evidence of the very act of joining the party but. rather fron all the evidence jary must be convinced beyond reasonable doubt that defendant was in fact a member of the Communist Party and wae acce — a H } error and error wal prejudicial, . . Reversed and remanded, oe a A I RR NR EAE A AN RY ee Be Rams eatin ernst SS
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