United States v. Elliott
United States Court of Appeals for the Fifth Circuit
571 F.2d 880 (1978)
Relevant factsFree
Elliott and five others (defendants) were charged together under the Racketeer Influenced and Corrupt Organizations Act (RICO) for participating in a criminal enterprise. Only two of the six defendants had actually committed murder, but all six -- including Elliott -- were tried jointly and convicted of murder. The four defendants who had not personally committed murder argued on appeal that joining them with the two who did unfairly transferred guilt to them.
IssueFree
Whether a defendant charged with conspiring to participate in a criminal enterprise may be tried jointly with other members for any specific crime committed in furtherance of that conspiracy.