United States v. Walsh
U.S. Circuit Court for the District of Eastern Missouri
On motion by the defendant [Thomas Walsh] to quash the second count in the indictment, the first count having been abandoned by the government.
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On motion by the defendant [Thomas Walsh] to quash the second count in the indictment, the first count having been abandoned by the government. The second count is as follows: “And the jurors aforesaid, on their oaths aforesaid, do further present that, on the said 30th day of November, in the year of our Lord 1874, the said Thomas Walsh, being then and there superintendent of the construction of the new St. Louis custom-house and post-office, then in process of erection in the city of St. Louis, within said district, and the said William K. Patrick, being then and there assistant…
1Opinion of the Court
DILLON, Circuit Judge.
We have examined all the cases cited in the arguments of the respective counsel, and many others, and we have considered the propositions they have advanced, and now proceed to announce, without much elaboration, the conclusions we have reached. At common law the offence of conspiracy was complete whenever the unlawful ■concert and agreement was entered into and •concluded, although nothing was done in pursuance thereto, or to carry it into effect. The gist of the offence was the unlawful agreement The offence of conspiracy at common law being complete without an overt…
2Cases cited4 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- Alderman v. PeopleMichigan Supreme Court · 1857
- State v. KeachSupreme Court of Vermont · 1868
- State v. RobertsSupreme Judicial Court of Maine · 1851
3Cited by8 opinions
- United States v. CassidyDistrict Court, N.D. California · 1895
- Livingston Waterworks v. City of LivingstonMontana Supreme Court · 1916
- United States v. MooreU.S. Circuit Court for the District of Oregon · 1909
- United States v. De QuilfeldtUnited States Circuit Court · 1881
- Pueblo v. AlcaideSupreme Court of Puerto Rico · 1921
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