Can a jury convict a defendant on a conspiracy charge based on evidence of an overt act that is not specified in the indictment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Milstein, 401 F.3d 53 (2nd Cir. 2005):
It is a "well-established rule of this and other circuits that the overt act element of a conspiracy charge may be satisfied by an overt act that is not specified in the indictment, at least so long [as] there is no prejudice to the defendant." United States v. Frank, 156 F.3d 332, 337 (2d Cir.1998). Thus, even if the jury convicted Milstein on the conspiracy count based on evidence of an overt act not
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