Yates
United States v. Yates
Opinion
lead Opinion
Mathes, J.
It is now almost six years since the defendant at the bar, Oieta O’Connor Yates, and thirteen other paid, fulltime functionaries of the Communist Party were on trial in this court under an indictment charging them with conspiracy 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. § 10 (1946), § 2385 (1952)] “by 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 * * * a group * * * of 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.” See: United States v. Schneiderman, D.C., 102 F.Supp. 52 , Id., D.C.S.D.Cal.1951, 102 F.Supp. 87 ; United States v. Spector, D.C.S.D.Cal.1951, 102 F.Supp. 75 ; United States v. Schneiderman, D.C., 104 F.Supp. 405 , Id., D.C., 106 F.Supp. 731 , Id., D.C., 106 F.Supp. *481 892 , Id., D.C.,…