Malley

The defendant was indicted for violating chapter 188 of the Statutes of 1919, commonly known-as the Criminal Syndicalism Act. He was found guilty and sentenced to imprisonment in the state prison. This appeal is from the order denying the motion for a new trial, and in arrest of judgment, and from the judgment of conviction and sentence. The appellant contends that the indictment does not charge a public offense with the degree of certainty required, and that the evidence is insufficient to sustain the conviction. He alleges that error was committed in the introduction of certain exhibits which were subsequently withdrawn, and. complains of the action of the trial court in reading the entire statute in its charge to the jury.

The indictment charges that the defendant circulated and publicly displayed certain books, papers, pamphlets, documents, and other printed and written matter, in his possession and custody, and under his control, containing and carrying written advocacy, teaching and advising of criminal syndicalism. The defendant interposed a demurrer to the indictment which was overruled. It is contended, on this appeal, that the ruling of the lower court was erroneous,…