McDonald v. United States

MILLER, Associate Justice.

Appellant and Edith Gardner were convicted of conspiracy; she upon a plea of guilty, he, following a trial by jury. On this appeal it is contended that the District Court erred in admitting in evidence certain letters, papers and documents as proof of overt acts upon the part of appellant, without first having proved that appellant took part in a conspiracy. To support this contention appellant relies upon cases which hold that the conspiracy must have been entered into before the overt act was committed;1 that the gist of the offense is the meeting of minds for a…