Ernest Schleifer was charged in an information with solicitation to commit crimes. The trial court granted Schleifer’s motion to dismiss the charge. The State appealed the dismissal. The Connecticut Supreme Court of Errors reversed.

Ernest Schleifer by oral address to [a large crowd, spoke] in language in substance as follows:

You will never win the strike with soft methods. You young men ought to go out on the bridge. Don’t use eggs; use coal or indelible ink. Break foremen’s windows at their homes. Watch the scabs when they come from work, lay for them, especially on pay day. Take them in a dark alley and hit them with a lead pipe. That is the softest thing you can use. Reimburse yourselves for what we have sacrificed for five months. Don’t forget to bump off a few now and then, so Mr. Pearson will know that you are not getting cold feet. Your car men know how to take a brake shoe off. Take the brake shoe and put it under something that will put the cars off the irons. A little sand or emery in the journal boxes will help greatly......

1. List the facts and circumstances relevant to deciding whether Ernest Schleifer is guilty of criminal solicitation.

2. Summarize the arguments of the trial court and the prosecution in favor of criminal solicitation.

3. Summarize the arguments of the defendant and the Connecticut Supreme Court against criminal solicitation.

4. Which side do you agree with? Back up your answer with specific facts and circumstances and the arguments in the case and the text.