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Brown v. Elliott, 225 U.S. 392 (1912)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Brown v. Elliott, 225 U.S. 392 (1912)
Brown v. Elliott Nos. 201 , 202 Argued October 19, 1911 Reargued May 1, 1912 Decided June 10, 1912 225 U.S. 392
APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF CALIFORNIA
Syllabus
If the indictment under § 5440, Rev.Stat., sufficiently charges the commission of overt acts within the district, it is sufficient even if it states that the place where the conspiracy formed is unknown.
The Sixth Amendment to the Constitution does not preclude the place of trial of conspirators indicted under § 5440, Rev.Stat., being in any state where an overt act was performed. Hyde v. United States, ante, p. 347.
A conspiracy entered into in violation of § 5440, Rev.Stat., may be a continuous crime, and, if it was designed to be, and was, continuous, every overt act was the act of all the conspirators by reason of the terms of their unlawful plot.
Where there are successive overt acts during the existence of the conspiracy, the period of limitation must be computed from the date of the last of them properly specified in the indictment, although some of them may have occurred more than three years before the indictment was found.
The Constitution of the United States is not intended as a facility for crime, but to prevent oppression; its letter and its spirit are satisfied if, where a criminal purpose is executed, that criminal purpose be punished. The criminal himself makes the venue of his trial.
The facts, which involve the validity of an indictment under § 5440 Rev.Stat., are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Brown v. Elliott, 225 U.S. 392 (1912) in 225 U.S. 392 225 U.S. 393. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=1IFUBIN6BUCABF9.
MLA: U.S. Supreme Court. "Syllabus." Brown v. Elliott, 225 U.S. 392 (1912), in 225 U.S. 392, page 225 U.S. 393. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=1IFUBIN6BUCABF9.
Harvard: U.S. Supreme Court, 'Syllabus' in Brown v. Elliott, 225 U.S. 392 (1912). cited in 1912, 225 U.S. 392, pp.225 U.S. 393. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=1IFUBIN6BUCABF9.
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