HERLANDS, District Judge.
Upon the trial of this indictment, the first count of which charges a conspiracy under 18 U.S.C. § 371, the following question of law has been raised and argued by counsel: Does proof of an overt act within the statutory period of limitations (in this case, after September 1, 1951) serve to toll the statute, where such overt act is not pleaded in the indictment?
As a preliminary to the answer, it is necessary to make a sharp...
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