This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 Excerpt: ...its formation is deemed in law a party to all acts done by any of the other parties, either before or after, in furtherance of the common design. (Samara v. U. S., 253 Fed. 12,16, G. G. A. 2.) Chapter IV. INDICTMENT UNDER SECTION 37. Article 1. JURISDICTION. There was testimony tending to show that the agreement ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 Excerpt: ...its formation is deemed in law a party to all acts done by any of the other parties, either before or after, in furtherance of the common design. (Samara v. U. S., 253 Fed. 12,16, G. G. A. 2.) Chapter IV. INDICTMENT UNDER SECTION 37. Article 1. JURISDICTION. There was testimony tending to show that the agreement constituting the conspiracy alleged in the indictment was entered into in Cincinnati and Chicago; but all the overt acts set out in the indictment were proven to have been committed in Minneapolis, Minn., and the evidence also showed that it was the intention of the conspirators to carry out their conspiracy at Minneapolis. It seems clear the venue of the offense was correctly laid in Minnesota. (Rolinson v. U. S., 172 Fed. 105,107, G. G. A. 8.) Although a mere conspiracy, without an overt act done under it, is not criminally punishable under section 37 of the Criminal Code, yet the rule is now settled that, in view of that section and section 731 of the Revised Statutes, prosecutions for conspiracy may be maintained either in the district in which the conspiracy was entered into, or in any district in which an act was done to effectuate the object of the conspiracy. (Shea v. U. S., 236 Fed. 97,101, G. G. A. 6.) If the unlawful combination and the overt act constitute the offense, as stated in Hyde v. Shine, 199 U. S. 62, marking its beginning and its execution or a step in its execution, section 731 of the Eevised Statute must be applied. That section provides that " when any offense against the United States is begun in one judicial district and completed in another it shall be deemed to have been committed in either, and may be dealt with, inquired of, tried, determined and punished in either district, in the same manner as if it had been ac...
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