Alvin Francis Ramey and Owen Leroy Linder v. United States

HOLMES, Circuit Judge.

' [1] In order to sustain the verdict of guilty under count one, it was not necessary to prove the substantive offenses charged under either count two or three of the indictment in this case. To be more specific, it was not necessary to prove 'that the five thousand dollars, which had been taken by fraud from the owner thereof, was in fact transported in foreign commerce pursuant to the conspiracy alleged in count one. The conspiracy to transport it having been shown by circumstantial evidence to the exclusion of every reasonable hypothesis to the contrary, it was only…