CLAY ET AL.

v.

UNITED STATES

Citator

Cited By (11 total)

• United States v. Harris, 542 F.2d 1283 (7th Cir. 1976)
  …occurred after a conspiracy was formed and which were related to the object of the conspiracy is admissible regardless of whether the overt acts are charged in the indictment. United States v. Clay, 495 F. 2d 700, 706 (7th Cir. 1974), cert. denied, 419 U.S. 937, 95 S.Ct. 207, 42 L.Ed.2d 164. Indeed, it has been held that a conviction for conspiracy may rest on proof of an overt act not charged in the indictment. Brulay v. United States, 383 F. 2d 345, 350-51 (9th Cir. 1967), cert. denied, 389 U.S. 986, 88…
• United States v. Meacham, 626 F.2d 503 (5th Cir. 1980)
  …to prosecute a conspiracy, the government must be able to point to two separate provisions: one making the act of conspiring a crime and one making the object of the conspiring a crime. United States v. Clay, 495 F. 2d 700 (7th Cir.), cert. denied, 419 U.S. 937, 95 S.Ct. 207, 42 L.Ed.2d 164 (1974); Powe v. United States, 109 F. 2d 147 (5th Cir.), cert. denied, 309 U.S. 679, 60 S.Ct. 717, 84 L.Ed. 1023 (1940). The language of §§ 846 and 963 underscores this proposition; the sections make it a crime to consp…
• United States v. Lyles, 593 F.2d 182 (2d Cir. 1979)
  …will thereafter be presented by the judge to the jury. United States v. Tourine, 428 F. 2d 865, 869 (2d Cir. 1970), cert. denied, 400 U.S. 1020, 91 S.Ct. 581, 27 L.Ed.2d 631 (1971); United States v. Clay, 495 F. 2d 700, 707 (7th Cir.), cert. denied, 419 U.S. 937, 95 S.Ct. 207, 42 L.Ed.2d 164 (1974); 8A Moore’s Federal Practice ¶ 30.03[2]. Clearly this purpose is frustrated if the judge, after informing counsel of his proposed charge, then changes the charge after the summations are completed. But it is sett…