People v. Richards
Michigan Supreme Court
Case reserved from Hillsdale Circuit Court. Indictment for a conspiracy. The defendants were tried and convicted in the circuit court, and the questions reserved were as to the sufficiency of the indictment, which contained three counts.
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Case reserved from Hillsdale Circuit Court. Indictment for a conspiracy. The defendants were tried and convicted in the circuit court, and the questions reserved were as to the sufficiency of the indictment, which contained three counts. The first count charged that defendants, on the tenth day of November, in the year eighteen hundred and forty three, with force and arms, at Somerset, in the county of Hills-dale, unlawfully and wickedly did conspire, combine, confederate and agree together to cheat and defraud Latón Hoxie of his lands and tenements, and.of his moneys, goods and chattels, he…
1Opinion of the Court
By the court,
Wing, J.
The counsel for the defendants insists that cases of indictable conspiracies at common law are classed under two heads; either there must be a charge of a conspiracy to commit a criminal act, or to commit an act not criminal by criminal means. That in the one case the offence is to be determined by the nature of the object, in the other by the nature of the means.
This question was elaborately argued by senators Spencer and Stebbins, the first giving the judgment of the majority, and the latter of the minority of the court of errors in New York, in the case of The People…
2Cases cited2 opinions
- People v. MatherNew York Supreme Court · 1830
- Commonwealth v. KingsburyMassachusetts Supreme Judicial Court · 1809
3Cited by21 opinions
- People v. CarterMichigan Supreme Court · 1982
- Patterson v. United StatesCourt of Appeals for the Sixth Circuit · 1915
- Martens v. ReillyWisconsin Supreme Court · 1901
- People v. ArnoldMichigan Supreme Court · 1881
- State v. LloydWisconsin Supreme Court · 1913
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