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Criminal Law Keyed to Gershowitz
Braverman v. United States
Citation:317 U.S. 49, 63 S.Ct. 99, 87 L.Ed. 23.
For a considerable period of time, the defendants, with others, collaborated in the illicit manufacture, transportation, and distribution of distilled spirits, involving the violations of revenue laws. They were charged with seven counts of conspiracy to violate different provisions of the revenue laws.
At the close of the trial, the defendants renewed a motion which they had made at its beginning to require the Government to elect one of the seven counts upon which to proceed, contending that the proof could not and did not establish more than one agreement. The Government refused to do so and the defendants were convicted of all counts. The Court of Appeals for the Sixth Circuit affirmed, stating that the fact that the conspiracy was “a general one to violate all laws repressive of its consummation does not gainsay the separate identity of each of the several conspiracies.” The defendants appealed.
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