Legal Opinion

Smith v. People

Illinois Supreme Court

Decided April 15, 1860PublishedCited by 20 opinions

This indictment, filed at the April term, A. D. 1860, of the Recorder’s Court, of the city of Chicago, contains two counts for conspiracy.

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This indictment, filed at the April term, A. D. 1860, of the Recorder’s Court, of the city of Chicago, contains two counts for conspiracy. The first count charges, that Charles H. Schwab, John B. Smith and Mary C. Allen, on the first day of March, A. D. 1860, at Chicago, did, between themselves, unlawfully conspire, combine, confederate and agree together, wickedly, knowingly and designedly, to procure by false pretenses, false representations and other fraudulent means, one Lizzie M. Engles to have illicit carnal connection with a man, to wit, with the said Charles H. Schwab, one of the…

1Opinion of the CourtCaton, C. J.

To attempt to define the limit or extent of the law of conspiracy, as deducible from the English decisions, would be a difficult if not an impracticable task, and we shall not attempt it at the present time. We may safely assume that it is indictable to conspire to do an unlawful act by any means, and also that it is indictable to conspire to do any act by unlawful means. In the former case it is not necessary to set out the means used, while in the latter it is, as they must be shown to be unlawful. But the great uncertainty, if we may be allowed the expression, is as to what constitutes an…

2Cases cited1 opinion

  1. Johnson v. PeopleIllinois Supreme Court · 1859

3Cited by20 opinions

  1. State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
  2. Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
  3. State v. StewartSupreme Court of Vermont · 1887
  4. State v. KempSupreme Court of Connecticut · 1939
  5. People v. CurranIllinois Supreme Court · 1918

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