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COMMONWEALTH v. NELSON (11/12/52)

SUPERIOR COURT OF PENNSYLVANIA


November 12, 1952

COMMONWEALTH
v.
NELSON

COUNSEL

Louis F. McCabe, Philadelphia, Victor Rabinowitz, Belle Seligman, New York City, for appellant.

James F. Malone, Jr., Dist. Atty., and William F. Cercone, Asst. Dist. Atty., Pittsburgh, for appellee.

Before Rhodes, P. J., and Hirt, Reno, Dithrich and Ross, JJ.

[ 172 Pa. Super. Page 151]

PER CURIAM.

Defendant was found guilty of sedition, Act of June 24, 1939, P.L. 872, § 207, 18 P.S. § 4207. He has appealed from the judgment of sentence.

We are of the opinion that the case was fairly tried by Judge Montgomery. We find no reversible error. The judgment is affirmed on the opinion of Judge Montgomery.

Judgment affirmed.

ARNOLD and GUNTHER, JJ., absent.

STATEMENT OF CASE FOOTNOTES

1 The Smith Act of June 25, 1948, C. 645, 62 Stat. 808, 18 U.S.C.A. §§ 2384-2385, being a restatement with amendment of the Act of June 28, 1940, C. 439, 18 U.S.C. (1940 Ed.) §§ 10, 11, 13 and the Act of March 4, 1909, Sect. 6, 18 U.S.C. (1940 Ed.) § 6, and the McCarran or Internal Security Act of Sept. 23, 1950, C. 1024, Title I, 50 U.S.C.A. § 781 et seq.

'The foregoing provisions of this subchapter shall be construed as being in addition to and not in modification of existing criminal statutes.'

2 'The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.'

3 . Tit. 50, U.S.C.A. § 812. 'Declaration of 'internal security emergency' by President; events warranting; period of existence'(a) In the event of any one of the following:'(1) Invasion of the territory of the United States or its possessions,'(2) Declaration of war by Congress, or'(3) Insurrection within the United States in aid of a foreign enemy, and if, upon the occurrence of one or more of the above, the President shall find that the proclamation of an emergency pursuant to this section is essential to the preservation, protection and defense of the Constitution, and to the common defense and safety of the territory and people of the United States, the President is authorized to make public proclamation of the existence of an 'Internal Security Emergency'.'(b) A state of 'Internal Security Emergency' (hereinafter referred to as the 'emergency') so declared shall continue in existence until terminated by proclamation of the President or by concurrent resolution of the Congress. Sept. 23, 1950, c. 1024, Title II, § 102, 64 Stat. 1021.'

4 See cases cited in Milasinovich v. Serbian Progressive Club, Inc., 369 Pa. 26, at page 29, 84 A.2d 571.

19521112

© 1998 VersusLaw Inc.



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