[1] Criminal Law—Syndicalism Act—Inclusion of Accomplices— Lack of Uncertainty.—The Criminal Syndicalism Act (Stats. 1919, p. 281) is not void for uncertainty because it ex industria includes accomplices and defines with meticulous care numerous acts constituting an aiding and abetting of the principal crime, or because it punishes aiders and abettors where the crime advocated is not committed.

[2] Id.—Indictment — Charge of Several Offenses — Evidence — Proof of Specific Offense—Validity of Judgment.—An indictment for the crime of criminal syndicalism is sufficient to support the judgment of conviction, notwithstanding it charges in general terms acts and offenses not proven, where it specifically charges the offense proven, and no other offense or acts were proven or offered to be proven.

[3] Id.—Membership in Industrial Workers of World — Sufficiency of Indictment.—An indictment charging a defendant with being a member of an organization known and designated as the Industrial Workers of the World sufficiently charges an offense under subdivision 4 of section 2 of the Criminal Syndicalism Act of 1919.

[4] Id.—Acts Denounced by Statute—Constitutional Law.—The Criminal Syndicalism Act is not unconstitutional on the ground that it leaves to a court or jury the determination of whether or not the particular act or conduct of the defendant is adapted to the result denounced by the act, since the various acts mentioned in the statute are already denounced as wrongful under existing laws.

[5] Id.—Guaranty of Free Speech — Eight not Violated.—The Criminal Syndicalism Act does not violate the right of free speech guaranteed in the federal and state constitutions.

[6] Id.—Eight to Attack Constitutionality of Act.—A defendant not charged with or convicted of a violation of the Criminal Syndicalism Act involving anything that he said or published is not in a position to attack the constitutionality of the act on the ground that it is violative of the right of free speech.

[7] Id.—Treason Provisions of Constitutions—Acts Inimical to Public Welfare—Punishment not Prohibited.—The definitions of treason contained in the federal and state constitutions are merely for the purpose of limiting the number of offenses which can be punishable as treason under the common law, and in nowise limits the power of the legislature to provide for the punishment of acts inimical to the public welfare which theretofore might have been punished as constructive treason.

[8] Id.—Membership of Unlawful Organization—Evidence—Conduct of Members Prior and Subsequent to Enactment.—In a prosecution under the Criminal Syndicalism Act for being a member of an organization which in its nature is a criminal conspiracy to change industrial control and government by unlawful and criminal methods, evidence of the conduct of the members of the organization both before and after the passage of the act is admissible for the purpose of determining the character of the organization, where such organization after the passage of the act continued the publication of the same unlawful propaganda.

[9] Id.—Misconduct of Counsel—Appeal—Timely Objection.—Misconduct of counsel in argument to the jury must be made at the time as a basis for complaint in the appellate court.