Legal Opinion

Gardner v. State

Court of Special Appeals of Maryland

Decided January 12, 1979No. 494, September Term, 1978PublishedCited by 20 opinions

1Opinion of the CourtLowe, J.

— the hobgoblin 1 —

Over a hundred years ago, Stephen’s General View of Criminal Law pointed out that the law of conspiracy is the most complete illustration of the fiction consisting of treating as a crime, not the very acts which are intended to be permeated, but certain ways of doing them. Fitz. St. 62. Because the gist of the offense of conspiracy is the combination which is formed for an unlawful purpose, the impossibility of one person forming a combination with himself is too obvious for discussion.

Applying that premise, it would seem “logically” to follow that where one of two supposed…

2Cases cited23 opinions

  1. State v. BuchananCourt of Appeals of Maryland · 1821
  2. Williams v. StateCourt of Appeals of Maryland · 1982
  3. United States v. Kenneth L. Musgrave and Marshall WomackCourt of Appeals for the Fifth Circuit · 1973
  4. Spencer v. StateCourt of Appeals of Maryland · 1888
  5. Bradford v. StateCourt of Appeals of Maryland · 1964

18 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. United States v. F. W. StandeferCourt of Appeals for the Third Circuit · 1979
  2. Treece v. StateCourt of Appeals of Maryland · 1988
  3. Langworthy v. StateCourt of Appeals of Maryland · 1979
  4. Gardner v. StateCourt of Appeals of Maryland · 1979
  5. Harvey v. StateCourt of Special Appeals of Maryland · 1982

15 more not listed; retrieve them via the Exa API.

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