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GREEN v. UNITED STATES

Nos. 4329-4331.

8 F.2d 140 (1925)

GREEN et ux. v. UNITED STATES (two cases). COHN v. SAME.

Circuit Court of Appeals, Sixth Circuit.

July 3, 1925.

Attorney(s) appearing for the Case

Henry A. Behrendt, of Detroit Mich., for plaintiffs in error.

D. L. Sears, Asst. U. S. Atty., of Toledo, Ohio (A. E. Bernsteen, U. S. Atty., of Cleveland, Ohio, on the brief), for the United States.

Before DENISON and DONAHUE, Circuit Judges, and HICKENLOOPER, District Judge.

PER CURIAM.

Conspiracy may be established by proof of concert of action in the commission of the illegal act, or other facts and circumstances, from which the natural inference arises that the unlawful overt act was in furtherance of a common design, intent, and purpose of the alleged conspirators (Williams v. U. S. [C. C. A. 6], 3 F.2d 933), yet the facts proven must be of such a character that, in connection with all explanations...

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