Hyde and Schneider v. United States

Citations

• 225 U.S. 347

Syllabus

<p>In this ease the defendant applied for a writ of certiorari and the Attorney General assented'to granting it on the ground that the determination of the case depends upon the principles of law governing conspiracy and it is of vital importance to the United States, as well as its citizens, to have those principles settled by this court.</p> <p>While under the ancient rule of conspiracy the gist was the conspiracy itself and the crime was complete without any overt act, § 5440, Rev. Stat. prescribes as necessary to constitute an offense under it not only the unlawful conspiracy but also an overt act to effect the object by at least one of the conspirators.</p> <p>Quasre as to the extent of agency between persons conspiring in violation of § 5440, Rev. Stat.</p> <p>There may be a constructive presence in a State,- distinct from personal presence, by which a crime committed in another State may be consummated, and render the person consummating it punishable at that place.</p> <p>In construing criminal laws, courts must not be in too great solicitude for the criminal tp give him immunity because of the difficulty in convicting or detecting him.</p> <p>In determining the place of trial there is no oppression in taking the conspirators to the place where the overt act was performed rather than compelling the victims and witnesses to go to the place where the conspiracy was formed.</p> <p>The size of Pur country has not become too great for the effective administration of criminal justice.</p> <p>Where a continuing offense is committed in more than one district, the Sixth Amendment does not preclude a trial in any of those districts. Armour Packing Co. v. United Stales, 209 U. S. 56.</p> <p>Overt acts performed in. one district by one of the parties who had conspired in another district in violation of § 5440, Rev. Stat., give jurisdiction to the court in the district where the overt acts are ■ performed a's to all the conspirators. Brown v. Elliott, p. 392, post.</p>