[274 U.S. 357, 359] Messrs. Walter H. Pollak and Walter Nelles, both of New York City, for plaintiff in error.

Messrs. John H. Riordan and U. S. Webb, both of San Francisco, Cal., for the People of the State of California.

Mr. Justice SANFORD delivered the opinion of the Court.

By a criminal information filed in the Superior Court of Alameda County, California, the plaintiff in error was charged, in five counts, with violations of the Criminal Syndicalism Act of that State. Statutes 1919, c. 188, p. 281. She was tried, convicted on the first count, and sentenced to imprisonment. The judgment was affirmed by the District Court of Appeal. People v. Whitney, 57 Cal. App. 449, 207 P. 698. Her petition to have the case heard by the Supreme Court1 was denied. 57 Cal. App. 453, 207 P. 698. And the case was brought here on a writ of error which was allowed by the Presiding Justice of the Court of Appeal, the highest court of the State in which a decision could be had. Judicial Code, 237 (Comp. St. 1214).

On the first hearing in this Court, the writ of error was dismissed for want of jurisdiction. 269 U.S. 530, 46 S. Ct. 22. Thereafter, a petition for rehearing was granted, 269 U.S. 538, 46 S. Ct. 120; and the case was again heard and reargued both as to the jurisdiction and the merits.

The pertinent provisions of the Criminal Syndicalism Act are:

Section 1. The term criminal syndicalism as used in this act is hereby defined as any doctrine or precept advocating, teaching or aiding and abetting the commis- [274 U.S. 357, 360] sion of crime, sabotage (which word is hereby defined as meaning willful and malicious physical damage or injury to physical property), or unlawful acts of force and violence or unlawful methods of terrorism as a means of accomplishing a change in industrial ownership or control or effecting any political change.

Sec. 2. Any person who: ... 4. Organizes or assists in organizing, or is or knowingly becomes a member of, any organization, society, group or assemblage of persons organized or assembled to advocate, teach or aid and abet criminal syndicalism; ...

Is guilty of a felony and punishable by imprisonment.

The first count of the information, on which the conviction was had, charged that on or about November 28, 1919, in Alameda County, the defendant, in violation of the Criminal Syndicalism Act, did then and there unlawfully, willfully, wrongfully, deliberately and feloniously organize and assist in organizing, and was, is, and knowingly became a member of an organization, society, group and assemblage of persons organized and assembled to advocate, teach, aid and abet criminal syndicalism.

It has long been settled that this Court acquires no jurisdiction to review the judgment of a State court of last resort on a writ of error, unless it affirmatively appears on the face of the record that a Federal question constituting an appropriate ground for such review was presented in and expressly or necessarily decided by such State court. Crowell v. Randell, 10 Pet. 368, 392; Railroad Co. v. Rock, 4 Wall. 177, 180; California Powder Works v. Davis, 151 U.S. 389, 393, 14 S. Ct. 350; Cincinnati, etc., Railway v. Slade, 216 U.S. 78, 83, 30 S. Ct. 230; Hiawassee Power Co. v. Carolina-Tenn. Co., 252 U.S. 341, 343, 40 S. Ct. 330; New York v. Kleinert, 268 U.S. 646, 650, 45 S. Ct. 618

Here the record does not show that the defendant raised or that the State courts considered or decided any [274 U.S. 357, 361] Federal question whatever, excepting as appears in an order made and entered by the Court of Appeal after it had decided the case and the writ of error had issued and been returned to this Court. A certified copy of that order, brought here as an addition to the record, shows that it was made and entered pursuant to a stipulation of the parties, approved by the court, and