Schneiderman

Fourteen defendants herein stand convicted by verdict of the jury of the crime of conspiring to commit offenses against the United States, 18 U.S.C. § 371 , prohibited by the Smith Act, 54 Stat. 670 (1940) ; 18 U.S.C. (1946 ed.) § 10; id. (1948 ed.) § 2385, “by (1) wilfully * * * advocating and teaching the duty and necessity of overthrowing the Government of the United States by force and violence * * * and by (2) wilfully * * * helping to organize as the Communist Party of the United States of America * * * persons who teach and advocate the overthrow * * * of the Government of the United States by force and violence, with the intent of causing the * * * overthrow * * * of the Government * * * by force and violence as speedily as circumstances would permit.”

Following denial of their motions for judgment of acquittal, Fed.Rules Crim.Proc. rule 29(b), 18 U.S.C.A., and their motions in arrest of judgment, Fed.Rules Crim.Proc. rule 34, and for a new trial, Fed.Rules Crim. Proc. rule 33, sentence was imposed.

The defendants thereupon filed their notices of appeal and moved that they be enlarged upon bail pending appeal. Fed.Rules Crim.Proc. rule 46(a) (2).

Rule 46(a) (2) of the…