John Gund Brewing Co. v. United States

TRIEBER, District Judge.

In case No. 3,855 we have reached the conclusion, after more careful consideration and examination of the authorities, that we were in error in holding that the indictment was duplicitous because it charged a conspiracy to commit two distinct offenses. The law permits this if there is no duplicity charged in the conspiracy itself, for the conspiracy is entirely distinct from the crimes or unlawful acts which the parties have in view when they enter into the conspiracy. Parties may enter into a conspiracy tp commit the crime of burglary, and, for the purpose of…