OVERT

Open; manifest; public; 1SSU· Ing in action, as distinguished from that which rests merely in intention or design. -Market overt. See MABKET.-Overt act, In criminal Jaw. An open, manifest act from which criminality may be implied. An op-en act, which must be manifestly proved. B Inst. 12. An overt act e ential 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 ell'ect that result unle 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 unle on the testimony of two w~tne es 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 i uing in action. -Overt word. An open, plain word, not to be misunderstood. Cowell. [s. 871]