# In Re Burch

> Ohio Court of Appeals · October 13, 1943 · 73 Ohio App. 97

URL: https://www.frixlaw.com/law-library/cases/3723526

## Case

- **Full name:** In Re Burch.
- **Court:** Ohio Court of Appeals
- **Decided:** October 13, 1943
- **Citations:** 73 Ohio App. 97; 28 Ohio Op. 171; 54 N.E.2d 803; 1943 Ohio App. LEXIS 632
- **Precedential status:** Published
- **Opinion:** Concurrence by Doyle
- **Judges:** Stevens, Washburn, Doyle
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3723526

## Opinion text

Doyle, J.,
concurring. The offense to which Mr. Burch pleaded guilty is generally known as a political crime. It is
mal/um prohibitum
and not
malum in se.
It cannot under any fair legal construction come within the term “moral turpitude” as that term is used in the disbarment statute.
The activities of the appellant which formed the basis of the disbarment proceedings occurred before this country’s entrance into the war, and while the United States was at legal peace with the nations of the world.
It must be at all times rémembered that the right of free speech is a guarantee embodied in the Constitution of the United States. And while this writer
*107
vigorously dissents from some of Mr. Burch’s political views and activities as revealed by the record, nevertheless his right to express his views must be respected by the courts so long as his activities do not contravene the laws of the state and nation. This record does not reveal any such contravention.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3723526. Public record. Not legal advice.