Dealy v. United States

Citations

• 152 U.S. 539
• 14 S. Ct. 680
• 38 L. Ed. 545
• 1894 U.S. LEXIS 2143

Syllabus

<p>A nolle prosequi as to a count in an .indictment works no acquittal, but leaves the prosecution as though no such count had been inserted in the indictment.</p> <p>A verdict of guilty or not guilty as to the charge in one count of an indictment is not responsive to the charge in any other count:'</p> <p>In charging a conspiracy to defraud the United States of large tracts of land by means of false and flotitious entries under the homestead laws, it is not necessary to specify the tracts by number of section, township, and range.</p> <p>An entry of lands under the homestead law in popular understanding means not only the preliminary application, but the proceedings as a whole to complete the transfer of title, and in charging a conspiracy to obtain public land by false entries, the word may be used in that sense in the indictment.</p> <p>A charge that an overt act was done according to and in pursuance of a conspiracy which had been previously recited, is equivalent to charging that it was done to effect the object of the conspiracy.</p> <p>If an illegal conspiracy be entered into within the limits of the United States and within the jurisdiction of the court, the crime is complete, and the subsequent overt act in pursuance thereof may be done anywhere. ■</p>