WEISS v. UNITED STATES

Nos. 6886-6888.

103 F.2d 759 (1939)

WEISS v. UNITED STATES. BARTEOLETTI v. SAME. HEARN v. SAME.

Circuit Court of Appeals, Third Circuit.

April 25, 1939.


Attorney(s) appearing for the Case

Michael Serody, of Philadelphia, Pa., for appellants.

J. Lawrence Grim, Asst. U. S. Atty., of Philadelphia, Pa.

Before BIGGS and CLARK, Circuit Judges, and DICKINSON, District Judge.


DICKINSON, District Judge.

These appeals all raise the one question and may be discussed as one. The real complaint is that the appellants were convicted of a charged crime, which they did not commit, on proof of their guilt of another crime with the commission of which they were not charged. The indictment charges a conspiracy. Such cases present difficulties. The overt act is usually the commission of the substantive offense. The conspiracy Statute contemplates...

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