The cause of a war—as of most human action—is not single. 253), that opinion dealt exclusively with the right to a trial by jury; it provides no support for the majority's disposition of this proceeding. 1172, 93d Cong., 2d Sess. Ante, at 1245. (a) Two sentences are culled from the first chapter. As no exceptions were taken to the charge of the court, and but one to the admission of testimony, the bill of exceptions, which was very voluminous, was not printed in full. We adopted the McMann v. Richardson standard of performance of counsel, "that effective representation by counsel [must be] *1244 `within the range of competence demanded of attorneys in criminal cases.'" Cas. At the September 14 status hearing, not only was the appellant not questioned, but the major portion of the discussion between the court and counsel took place at the bench out of the defendant's hearing. I respectfully dissent. 11 or when a defendant elects to waive his right to counsel. Atty., John A. Terry, Michael W. Farrell, and Martin J. Linski, Asst. [1] On this appeal he contends that the trial court erred both by failing to conduct a proper inquiry upon his pretrial request for the appointment of co-counsel as well as by denying that request.

There is no reason to believe that Congress, in prohibiting a special class of false statements intended to interfere with what was obviously comment as distinguished from a statement. Into your homes the recruiting officers are coming. 'Commercial war preceded this war; it gave rise to this war; it now gives point and meaning to this war; * * * 'This, you say, is a war for the rights of small nations and the first land sighted when you sail across the Atlantic is the nation of Ireland, which has suffered from England for three centuries more than what Germany has inflicted upon Belgium for three years. It is a paper without a muzzle.
They will take your sons of military age and impress them into the army. Gandia v. Pettingill, 222 U. S. 452, 32 Sup. Supp. Ct. 247, 63 L. Ed. While the children of the poor clamor for their bread and the well to do shake their heads and wonder what on earth the poor folks are doing; The poor folks are growling and muttering with savage sidelong glances, and are rolling up their sleeves. Nor was there a particle of evidence that these statements were made with intent to interfere with the operation or success of the military and naval forces. It was in evidence that defendants were members of the Socialist party—a party 'organized in locals throughout the country'—and affiliated with a local branch in the city of Albany. 'These war germs are both epidemic and contagious. We mean by that to say that the claim of complainants cannot be the subject of proof as of an ordinary fact; it cannot be proved as a fact to be a fraud or false pretence or promise, nor can it properly be said that those who assume to heal bodily ills or infirmities by a resort to this method of cure are guilty of obtaining money under false pretenses, such as are intended in the statutes, which evidently do not assume to deal with mere matters of opinion upon subjects which are not capable of proof as to their falsity.'. On the afternoon of July 20, 1976, at a gathering at the home of Mrs. Ethel Graham in the District of Columbia, the appellant and the decedent, Raymond Battle, had a discussion that turned into a heated argument.

55 Cong.

St. Ann. [5] Under the federal plan for the appointment of counsel as incorporated in 18 U.S.C. The necessity of the inquiry mandated by our holdings in Monroe and Farrell arises from a pretrial assertion of a claim by the defendant of ineffective assistance of counsel. Only a sufficient inquiry could form the principled basis for the proper exercise of this discretion. See generally Johnson v. United States, supra. We cannot accept such a construction; it unduly restricts the natural meaning of the clause, leaves little for it to operate upon, and disregards the context and the circumstances under which the statute was passed. Sentences out of context rarely mean what they seem to say. , 55; 15 Sup.

A general demurrer was overruled, whereupon defendants pleaded not guilty and were put on trial together, with the result that Pierce, Creo, and Zeilman were found guilty upon the first, second, third, and sixth counts, and Nelson upon the third count only. W. Hobart PIERCE, Individually and as Administrator of the Estate of Richard L. Pierce, Deceased, et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. In the case at bar the alleged offense consists wholly in distributing leaflets which had been written and published by others. Submarines are steadily sending to the fishes millions of tons of food stuffs; and still we build more ships, and send more food, and more and more is sunk; Frantically we grub in the earth and sow and tend and reap; and then as frantically load the food in ships, and then as frantically sink with them——. and with a caution increasing in degree as the offenses dealt with increase in gravity," Patton v. United States, 281 U.S. 276, 312-13, 50 S. Ct. 253, 263, 74 L. Ed. Men are going to give up their lives for a cause which you are convinced is neither great or noble, will you then begrudge your best efforts to the cause that you feel certain is both great and noble and in which lives the only hope and promise of the future? Page 57. Insubordination, disloyalty, mutiny and refusal of duty in the military or naval forces are very serious crimes. 1918C, 361, Ann. Monroe v. United States, supra at 816. In the case at bar, we are presented with a similar contention as was the subject of our holdings in Monroe v. United States, D.C.App., 389 A.2d 811 (1978), and Farrell v. United States, D.C.App., 391 A.2d 755 (1978).
Believe everything you are told—you always have, and doubtless always will, believe them. 1. That is one of the reasons why we are about to enter this war. This so-called statement of fact—which is alleged to be false is merely a conclusion or a deduction from facts. The gravamen of the third count is the charge of willfully conveying in time of war false statements with the intent to interfere with the operation and success of our military or naval forces. two attorneys may be appointed." (2) The statement or report must be proved to be false. District of Columbia Court of Appeals Decisions.

It may be very unwise in its effect, and it may be unpatriotic at that particular time and place, but it would be going very far indeed, further, I think than any law that I know of would justify, to hold that there has been made out any case here even tending to show that there was an attempt to persuade men not to obey the law.'. Conversely, however, where there is a suggestion that the appointment of co-counsel is necessary to safeguard the defendant's Sixth Amendment right to effective representation by counsel, a fundamentally identical claim is thereby being made as was dealt with in Monroe and Farrell. It is argued that they ought not to be taken literally. (b) The fourth sentence set forth in the third count as a false statement was culled from the third chapter of the leaflet and is this: 'The Attorney General of the United States is so busy sending to prison men who do not stand up when the Star Spangled Banner is played, that he has not time to protect the food supply from gamblers. In short, these decisions reflect a concern by this court that, in certain instances, the accused must be fully informed not only of fundamental guarantees which only exist to protect the accused but of court proceedings that are basic to the accused's ability to make informed decisions about strategically important matters, and thus aid the court in its own decision-making role. Third. St. Ann. The Attorney General, who does not enforce Army Regulations, was therefore not engaged in sending men to prison for that offense. There are *1250 three responses to that sentence. Ct. 247, 249 [63 L. Ed. The point, however, is that not only did appellant never express any dissatisfaction with his counsel, but moreover he certainly did not lack any opportunity to do so had he been so disposed. From the government's proffer, the experienced trial judge readily could recognize that the case was not complex; illustratively, there was no constitutional issue, no insanity issue, and no identification issue.

43, 54, 482 F.2d 632, 643 (1973). Shortly after the July 11th meeting it became known that District Judge Rose had directed an acquittal in that case; and at the next meeting of the local, held July 25th, it was voted to rescind the motion 'against distributing 'The Price We Pay' and call for distributors.' Now pay the price! Comp. This Plan allows the court, not only to appoint counsel where "a person is financially unable to obtain adequate representation. Concert of action on the part of Pierce, Creo, and Zeilman clearly appeared, and, taken in connection with the nature of the pamphlet and their knowledge of its contents, furnished abundant evidence of a conspiracy and overt acts to sustain their conviction upon the second count. Ante, at 1245. After appellant then formally expressed his desire to plead guilty, the following question and answer occurred: THE COURT: And in arriving at that decision, Mr. Pierce, you have had the benefit of advice and counsel of your attorney in this matter, and also the benefit and advice and counsel of your mother and other members of your family. [3] In context, it is seen that defense counsel was confident of his ability to handle the trial, but, in recognition of the mandatory sentence for a first-degree murder conviction, wished to be able to consult with a more senior attorney, in part to aid in evaluating the desirability of plea bargaining. ', To prove the falsity of this statement the government called the United States attorney for that district, who testified that no federal law makes it a crime not to stand up when the 'Star Spangled Banner' is played and that he has no knowledge of any one being prosecuted for failure to do so. Although the uttering or publishing of the words charged be admitted, there necessarily arises in every case—whether the offense charged be of the first class or of the second—the question whether the words were used 'in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent' (Schenck v. United States, 249 U. S. 47, 52, 39 Sup. 520 (1931). It is the trial court's duty to use "sound and advised discretion .


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