Opinion · Court of Appeals for the Fifth Circuit

Clark v. United States

162 C.C.A. 519

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1918-04-01
Topic
general

How later courts describe this case

  • concluding that statement, "I wish Wilson was in Hell, and if I had the power I would put him there,” was threat against the President
  • “I wish Wilson was in hell, and if I had the power I would put him there.”
  • declaration that “Wilson is a wooden-headed son of a bitch. I wish Wilson was in hell, and if I had the power I would put him there”

Citator

UpLaw has not yet analyzed Clark v. United States. The absence of a flag is not a finding that it is good law.

Cited by
10 opinions
BATTS, Circuit Judge.

Plaintiff in error was convicted under the act of Congress of February 14, 1917, for the use of the following language, alleged by the indictment to have been with reference to the President:

“Wilson is a wooden-headed son of a bitch. I wish Wilson was in hell, and if I had the power I would put him there.”

A motion to quash the indictment was properly overruled. United States v. Stickrath (D. C.) 242 Fed. 151.

The judgment is affirmed.