Wismer

The indictment, in two separate and distinct counts, charged the defendant with the violation of certain provisions of the act of the legislature of 1919, known as the “Criminal Syndicalism Act” (Stats. 1919, p. 281). Both counts were framed upon the fourth subdivision of section 2 of said act. The first charged that the defendant, in November, 1921, at the city of Sacramento, did willfully, unlawfully, and feloniously organize and assist in organizing an organization known as the “Industrial Workers of, the World,” sometimes known and referred to as “I. W. W.” and the “One Big Union,” being a society, group, or assemblage of persons organized and assembled to advocate, teach, and aid and abet criminal syndicalism, as said crime is defined in section 1 of said act of the legislature. In the second count, the defendant is accused of being, at the time and place above mentioned, a member of said organization, having become so willfully, unlawfully, feloniously, and knowingly.

On the conclusion of the presentation of the people’s case, the defendant, through his counsel, moved for a dismissal of the first count on the ground that there was no evidence to support it, and the motion…