Goldman v. United States - 245 U.S. 474 (1918)


U.S. Supreme Court

Goldman v. United States, 245 U.S. 474 (1918)

Goldman v. United States

No. 702

Argued December 13, 14, 1917

Decided January 14, 1918

245 U.S. 474

Syllabus

The Selective Draft Law of May 18, 1917, upheld as constitutional on the authority of the Selective Draft Law Cases, ante, 245 U. S. 366, in a case of conspiracy to violate the act by dissuading persons from registering.

In reviewing directly a judgment of the district court in a criminal case, when the constitutional questions upon which the jurisdiction of this Court depends are not frivolous, but are resolved against the plaintiff in error, other questions raised are to be considered and passed upon.

It is well settled that, under § 37 of the Criminal Code, a conspiracy to commit an offense, when followed by overt acts, is punishable as a substantive crime, whether the illegal end has been accomplished or not.

Upon a review of the whole record, the Court finds that the objection that there was no evidence of guilt for the jury is absolutely devoid of merit, and based upon the false assumption that the power to review includes the right to invade the province of the jury by determining questions of credibility and weight of evidence.

Affirmed.

The case is stated in the opinion.

Page 245 U. S. 475



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