State v. Lowery

Citations

• 104 Wash. 520
• 177 P. 355
• 1918 Wash. LEXIS 1222

Syllabus

<p>Insurrection — Criminal Anarchy — Information — Sufficiency. An information sufficiently charges criminal anarchy where it alleges in concise language the violation of Rem. Code, § 2563, subds. 1 and 4, by advocating the overthrow of organized govern-, ment by unlawful means, to wit, the organization of the Industrial Workers of the World whose purpose was the anarchistic overthrow of the government, and that defendant was a 'member of and had voluntarily assembled with the organization for such purpose.</p> <p>Criminal Law (140) — Evidence—Execution op Common Purpose —Criminal Anarchy — Propaganda. In a prosecution for criminal anarchy by a member of the I. W. W., propaganda issued by authority of the order, some taken from the defendant, is admissible for the purpose of showing the aims and methods of the organization and to prove that it was bent on forcibly and anarchistically overthrowing the government of the United States, and also as declarations of co-conspirators engaged with the defendant, who was shown to be not only associated with but a member of the order.</p> <p>' Same (139) — Hearsay—Unofficial Reports. In a prosecution for criminal anarchy by a member of the I. W. W., the report of an unofficial organization or mediation commission appointed by the President of the United States, not connected with the I. W. W., as to its aims and purposes is not admissible, the witness not testifying as to an investigation or report that he had made himself.</p> <p>Same (197) — Trial—Indorsement of Names of Witnesses. The names of witnesses used by the state in rebuttal need not be indorsed on the information.</p>