State v. Hemhelter

Citations

• 115 Wash. 208
• 196 P. 581
• 1921 Wash. LEXIS 684

Syllabus

<p>Indictment and Information (67)—Sufficiency—Surplusage. Under the criminal syndicalism act (Laws 1919, p. 518), making it a crime to be a member of a prohibited organization, an information charging that the defendants, in Grays Harbor eounty, on a day specified, “did become and be members of a group of persons, formed” to do specified things prohibited by law, is sufficient, though some things charged may be surplusage.</p> <p>Criminal Law (180)—Evidence— Sufficiency. In a prosecution for criminal syndicalism, there was sufficient evidence of membership in the I. W. W. organization to go to the jury, where one defendant stated his membership card had been lost or destroyed and that he had gone to an express office for packages of-1. W. W. literature, and the other defendant admitted membership after his arrest, and there was evidence of his having distributed the literature;</p> <p>Same (140)—-Evidence—Execution of Common Purpose—Criminal Syndicalism—I. W. W. Literature. In a prosecution for criminal syndicalism, against persons charged as members of the I. W. W. organization, the admission in evidence of a quantity of literature attributed to such organization was not erroneous.</p>