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Pinkerton v. United States, 328 U.S. 640 (1946)
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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.
Pinkerton v. United States, 328 U.S. 640 (1946)
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Pinkerton v. United States No. 719 Argued May 1, 1946 Decided June 10, 1946 328 U.S. 640
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
1. Where an indictment charges both a conspiracy to engage in a course of criminal conduct and a series of substantive offenses committed pursuant to the conspiracy, the substantive offenses are not merged into the conspiracy; and, upon conviction, the accused may be punished both for the conspiracy and for the substantive offenses. Braverman v. United States, 317 U.S. 49, distinguished. Pp. 642-643.
2. The plea of double jeopardy is no defense to a conviction for both offenses. P. 643.
3. It is not material that overt acts charged in the conspiracy count are also charged and proved as substantive offenses. P. 644.
4. A party to a continuing conspiracy may be responsible for substantive offenses committed by a co-conspirator in furtherance of the conspiracy, even though he does not participate in the substantive offenses or have any knowledge of them. United States v. Sall, 116 F.2d 745, overruled. Pp. 645-648.
151 F.2d 499, affirmed.
Petitioners were convicted of a conspiracy to violate the Internal Revenue Code and of several substantive violations of the Code, and were sentenced both for the conspiracy and for the substantive offenses. The Circuit Court of Appeals affirmed. 151 F.2d 499. This Court granted certiorari. 327 U.S. 772. Affirmed, p. 648.
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Chicago: U.S. Supreme Court, "Syllabus," Pinkerton v. United States, 328 U.S. 640 (1946) in 328 U.S. 640 328 U.S. 641. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=1VMVD16SJ26QIV7.
MLA: U.S. Supreme Court. "Syllabus." Pinkerton v. United States, 328 U.S. 640 (1946), in 328 U.S. 640, page 328 U.S. 641. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=1VMVD16SJ26QIV7.
Harvard: U.S. Supreme Court, 'Syllabus' in Pinkerton v. United States, 328 U.S. 640 (1946). cited in 1946, 328 U.S. 640, pp.328 U.S. 641. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=1VMVD16SJ26QIV7.
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