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OVERT

Open; manifest; public; issuing in action, as distinguished from that which rests merely in intention or design. Market overt. See MarketOvert act. In criminal law. An open, manifest act from which criminality may be implied. An open act, which must be manifestly proved. 3 Inst. 12. An overt act essential to establish an attempt to commit a crime is an act done to carry out the intention, and it must be such as would naturally effect that result unless prevented by some extraneous cause. People v. Mills. 178 N. Y. 274, 70 N. E. 786, 67 L R. A 131. In reference to the crime of treason, and the provision of the federal constitution that a person shall not be convicted thereof unless on the testimony of two witnesses to the same “overt act,” the term means a step, motion, or action really taken in the execution of a treasonable purpose, as distinguished from mere words, and also from a treasonable sentiment, design, or purpose not issuing in action. Overt word. An open, plain word, not to be misunderstood. Cowell.

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