The Federal Reporter (Volume 67); With Key-Number Annotations (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1895. Excerpt: ... UNITED STATES T. CASSIDT et si (District Court, N. D. California. April 1 and 2, 1895.) No. 3059. 1. Conspiracy To Commit Offenses Against The United States--Rev. St. * 6440. The statute relating to conspiracies to commit offenses against the United States (Rev. St. 5440) contains three elements, which are necessary to constitute the offense. These are: (1) The act of two or more persons conspiring together; (2) to commit any offense against the United States; (3) the overt act, or the element of one or more of such parties doing any act to effect the object of the conspiracy. 3. Same--Conspiracy Defined. A conspiracy is a combination of two or more persons by concerted action to accomplish a criminal or unlawful purpose, or some purpose not in Itself criminal, by criminal or unlawful means. Pettlbone v. U. S., 13 Sup. Ct 542, 148 U. S. 203, cited. 8. Same--Manner Of Conspiring. The common design is the essence of the charge; but It Is not necessary that .two or more persons should meet together, and enter Into as explicit or formal agreement for an unlawful scheme, or that they should directly, by words or in writing, state what the unlawful scheme was to be, and the details of the plan or the means by which the unlawful combination was to be made effective. It is sufficient if two or more persons, in any manner or through any contrivance, positively or tacitly, come to a mutual understanding to accomplish a common and unlawful design. L Same--Parties To Conspiracy. Where an unlawful end Is sought to be effected, and two or more persons, actuated by the common purpose of accomplishing that end, work together in any way in furtherance of the unlawful scheme, every one of said persons becomes a member of the conspiracy, although the part any one was to take therein was a subor...