State v. Cawood
Supreme Court of Alabama
Thomas Cawood, Franklin Brown, and Taylor Brown, were indicted in the Circuit Court of Jefferson county, for a conspiracy, and at October term, 1829, were found guilty and fined by the verdict of a jury. A motion being made to arrest the judgment, the presiding Judge referred the question of the legality of the conviction to this Court, under the provisions of the law for determining questions novel and difficult.
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Thomas Cawood, Franklin Brown, and Taylor Brown, were indicted in the Circuit Court of Jefferson county, for a conspiracy, and at October term, 1829, were found guilty and fined by the verdict of a jury. A motion being made to arrest the judgment, the presiding Judge referred the question of the legality of the conviction to this Court, under the provisions of the law for determining questions novel and difficult. The indictment charged, that the defendants “wickedly and maliciously devising and intending unjustly to vex, oppress John Self, and to deprive him of his good name, fame, credit…
1Opinion of the Court
By JUDGE COLLIER.
The points insisted on, present for our consideration, two questions. 1. Is a conspiracy an indictable offencé by the laws of this State? 2. Is the indictment sufficient in law?
It was conceded in argument, that a conspiracy was punishable at common law, but that we had not adopted it as an offence in our code of criminal jurisprudence. This objection we think is not sustainable; yet for its novelty, it merits consideration. By the 2d article of the ordinance of 1787, “for the government of the Territory of the United States, NorthWest of the Ohio,” which was afterwards made…
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