Whitney

This appeal is from a judgment of conviction of the defendant for the alleged violation of the provisions of the Criminal Syndicalism Act. The information filed by the district attorney against the defendant consisted of five separate counts based upon the several subdivisions of said act. The jury found the defendant guilty as to the first count in the information, hut disagreed as to the other counts therein, and dismissals as to these were subsequently filed. [1] The charging part of the first count in said information upon which the conviction of the defendant was had is in the language of the statute and reads as follows:

The first contention of the appellant herein is that said first count in said indictment, of which the foregoing ex cerpt is the charging part, was insufficient to state a public offense, the alleged particular insufficiency therein being its omission to specifically designate the name of the organization, society, group, or assemblage of persons which she is charged with having organized and assisted in organizing and which were organized and assembled to teach, aid, and abet criminal syndicalism. Since the original submission of this cause the supreme…