State v. Dubois

The opinion of the Court was delivered by

Poché, J.

The State appeals from a judgment quashing an indictment which charged that the accused did “ wilfully, feloniously and maliciously conspire, combine, confederate and agree together with one William Smith to commit and procure the commission of the crime of murder by wilfully, feloniously and of his malice aforethought to kill and murder one William Hull, and to procure said William Hull to be wilfully, maliciously and feloniously killed and murdered.” * * *

The grounds of the motion were :

■ 1. That conspiracy is an offense at common law, which…