US SUPREME COURT DECISIONS

Evidence sufficient to sustain anyone of several counts of an indictment will sustain a verdict and judgment of guilty under all if the sentence does not exceed that which might lawfully have been imposed under any single count. P. 250 U. S. 619.

Evidence held sufficient to sustain a conviction of conspiracy to violate the Espionage Act by uttering, etc., circulars intended to provoke and encourage resistance to the United States in the war with Germany, and by inciting and advocating, through such circulars, resort to a general strike of workers in ammunition factories for the purpose of curtailing production of ordnance and munitions essential to the prosecution of the war. Pp. 250 U. S. 619 et seq.

When prosecuted under the Espionage Act, persons who sought to effectuate a plan of action which necessarily, before it could be realized, involved the defeat of the plans of the United States for the conduct of the war with Germany must be held to have intended that result notwithstanding their ultimate purpose may have been to prevent interference with the Russian Revolution. P. 250 U. S. 621.

Affirmed.

The case is stated in the opinion.