People v. Leonard

WORKS, J.

Defendants were charged with the crime of criminal syndicalism under an indictment in two counts, each count averring that the crime was committed in Los Angeles County. In the first count it was charged that each of the defendants did “organize and assist in organizing and knowingly became members” of the Industrial Workers of the World, the nature and character of which organization is then averred. The second count charges, “for a second and separate cause of action . . . , and being a different statement of the same offense charged” in the first count, that “the said defendants are accused ... of the crime of criminal syndicalism, a felony, ... to wit: That the said defendants, and each of them . . . and the members of said Industrial Workers of the World, by joining and becoming members of said organization, agreed to enter into and did enter into a conspiracy ... to bring about a change of industrial ownership and effecting political changes” in California and the United States, “and as a part of said conspiracy, ... to use force and violence and unlawful methods of terrorism to bring about such changes, and ... to teach, advocate, aid and abet, commit and attempt to commit criminal syndicalism, . . . said organization, its members and the defendants herein did print, . . . distribute and circulate and publicly display books, papers, . . . and other . . . matter containing and carrying written and printed advocacy, teachings and aiding and abetting and advising criminal syndicalism ... in order to organize and assist in organizing and inducing persons to become members of said organization . . . , to advocate, teach, aid and abet criminal syndicalism; that in furtherance of said conspiracy the said organization, its members, and the defendants herein, caused to be printed and distributed and circulated, and did print, teach, distribute and circulate . . . the preamble of the Industrial Workers of the World. . . . ”

Defendants Duffy, Larson, and Oria were convicted under the first count of the indictment. Defendants Leonard, Pink,

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Erwin, Gross, and Allen were convicted under both counts. All appeal from the judgment of conviction.

It is contended that there is in the record no evidence to support the verdict convicting any of appellants. This point may be summarily settled as to each of appellants and speedy disposition thus be made of the appeal.