Kramer v. United States

• Decision Date: 14 January 1918
• Docket Number: No. 680,680
• Citation: 245 U.S. 478,62 L.Ed. 413,38 S.Ct. 168
• Parties: KRAMER et al. v. UNITED STATES
• Court: U.S. Supreme Court

245 U.S. 478

38 S.Ct. 168

62 L.Ed. 413

KRAMER et al.

v UNITED STATES.

No. 680.

Argued Dec. 13 and 14, 1917.

Decided Jan. 14, 1918.

Mr. Harry Weinberger, of New York City, for plaintiffs in error.

Mr. Solicitor General Davis, of Washington, D. C., for the United States.

Mr. Chief Justice WHITE delivered the opinion of the Court.

In this case, as in No. 702, Goldman v. United States, 245 U. S. 474, 38 Sup. Ct. 166, 62 L. Ed. ——, just previously decided, because of constitutional questions, the case was brought here by direct writ of error, with the object of re- viewing and reversing a conviction and sentence under an indictment charging an unlawful conspiracy to induce persons whose duty it was to register under the Selective Draft Law (Act May 18, 191 , c. 15), not to perform that duty and alleging overt acts done for the purpose of carrying out the illegal conspiracy. The defenses were substantially the same as those urged in the previous case and the assignments of error made at the time of the allowance of the writs were identical. In fact at bar the propositions and arguments relied upon in the previous case were stated to be controlling in this. But, therefore, for the fact that there was different evidence in the two cases the considerations...