People v. Smith
Illinois Supreme Court
Writ op Error to the Appellate Court for the First District;—heard in that court on writ of error to the Criminal Court of Coolc county; the Hon. M. W. Pinckney, Judge, presiding. On April 27, 1906, the plaintiffs in error, Abner Smith and Gustave F. Sorrow, together with Jerome V. Pierce and Frank F. Creelman, were jointly indicted by the grand jury of Cook county for conspiracy to obtain money and other property by false pretenses.
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Writ op Error to the Appellate Court for the First District;—heard in that court on writ of error to the Criminal Court of Coolc county; the Hon. M. W. Pinckney, Judge, presiding. On April 27, 1906, the plaintiffs in error, Abner Smith and Gustave F. Sorrow, together with Jerome V. Pierce and Frank F. Creelman, were jointly indicted by the grand jury of Cook county for conspiracy to obtain money and other property by false pretenses. After a motion to quash the indictment had been overruled a plea of not guilty was entered, and upon the trial Creelman was found not guilty and Smith, Sorrow…
1Opinion of the CourtJustice Hand
It is first contended that the indictment is insufficient in this: that the several counts thereof do not set forth the means whereby the conspiracy was to be accomplished and carried into effect. The rule in this State is, that where the object of a conspiracy is unlawful,—that is, where the conspirators agree together do an unlawful act,—it is not necessary in the indictment to set out the means whereby the conspiracy was to be accomplished and carried into effect; that it is only necessary to set out the means to be used for its accomplishment when the conspiracy is to do a lawful act but…
2Cases cited11 opinions
- People v. MatherNew York Supreme Court · 1830
- Clune v. United StatesSupreme Court of the United States · 1895
- Chicago, Wilmington & Vermilion Coal Co. v. PeopleIllinois Supreme Court · 1905
- DuBois v. PeopleIllinois Supreme Court · 1902
- Johnson v. PeopleIllinois Supreme Court · 1859
6 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Golden v. CervenkaIllinois Supreme Court · 1917
- People v. LloydIllinois Supreme Court · 1922
- Archer v. StateCourt of Appeals of Maryland · 1924
- Commonwealth v. StuartMassachusetts Supreme Judicial Court · 1911
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