Wieler

This is a prosecution for criminal syndicalism. An information was presented against the defendant, J. G. Wieler, charging him with the violation of subdivision 3 of section 2 of chapter 188 of the Statutes of 1919, page 281. Later an indictment was presented against the defendant Wieler and seven others.

The defendant demanded to be tried separately on the indictment and.his motion was granted; but thereafter, on motion of the prosecution, the action based on the information and the action based on the indictment were consolidated and the trial was had on the consolidated actions. The defendant was acquitted on the charge contained in the information, but was convicted on the charges contained in the indictment. He moved for a new trial, which motion was denied, and he has taken an appeal from the judgment of conviction and the order denying him a new trial. The points on which he bases his application for reversal are, (1) the statute of April 30, 1919, is unconstitutional; (2) the court erred in granting the motion to consolidate the two cases; (3) the court erred in overruling the defendant’s demurrer; (4) the court erred in receiving over the objection of the defendant the…