And a State may penalize utterances which openly advocate the overthrow of the representative and constitutional form of government of the United States and the several States, by violence or other unlawful means.

"The right of free speech does not include the right to advocate the destruction or overthrow of government or the criminal destruction of property

And similar Criminal Syndicalism statutes of other States, some less specific in their definitions, have been held by the State courts not to be void for indefiniteness.

—case the court was considering a statute which provided that "Any person who...[o] rganizes or assists in organizing, or is or knowingly becomes a member of, any organization" teaching criminal syndicalism is guilty of a felony.

And further, " `Assuming that the indictment is sufficiently definite and certain in charging several different offenses, no injury resulted to the defendant by reason of a failure to separate the charge into separate counts. Indeed, he is the gainer thereby, as only one penalty can be imposed

It has been uniformly held that in order to invoke the aid of a writ of mandate the party complaining must show some character of actual or potential interference with his rights of person or property

The direct testimony of a coconspirator is admissible and is competent to establish the facts to which he testifies

—the supreme court of California in 1921 sustained the conviction of Steelik for knowing membership in a subversive organization.

As to those instances where no objection was made to the trial court, defendants cannot now complain

Neither of these points is available on appeal in view of the fact that there was an entire absence of objection on the part of the defendant to any of the questions or to any part of the argument of the district attorney now condemned

[BOOK] Nobody's Boy and His Pals: The Story of Jack Robbins and the Boys …