United States v. Mitchell
U.S. Circuit Court for the District of South Carolina
This was an indictment of conspiracy [against Robert Hayes Mitchell and others] in violation of section 6 of the act of congress, approved May 31st, 1870 [16 Stat. 140], entitled “An act to enforce the right of citizens to vote,” etc.
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This was an indictment of conspiracy [against Robert Hayes Mitchell and others] in violation of section 6 of the act of congress, approved May 31st, 1870 [16 Stat. 140], entitled “An act to enforce the right of citizens to vote,” etc. The indictment contained two' counts, one for conspiracy to violate section first of the said act, and the other with intent to oppress, threaten, and intimidate one James Williams, a male citizen of the United States, of African descent, because he had exercised the right of voting on the third Wednesday in October, 1870. Robert Hayes Mitchell was first called…
1Opinion of the Court
BOND. Circuit Judge
(charging jury). Xou have listened with patience to the recital of the evidence in this cause, and without commenting upon that, the court proposes to state to you the law applicable to the evidence, which must guide you in making up your verdict. The indictment, gentlemen, is for a conspiracy, which is an agreement by two or more persons to do an unlawful thing, or to do a lawful thing by unlawful means. The thing to be punished is the unlawful conspiracy, and not the particular acts done in pursuance ot it. The conspiracy is a-crime, if nothing be done in pursuance of it.…
2Cited by2 opinions
- United States v. WoottenDistrict Court, E.D. South Carolina · 1887
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