State v. Clark
New York Court of General Session of the Peace
Indictment for conspiracy to burn a barn 1'ocated near the City of Wilmington and belonging to the Messrs. DuPont. The testimony was Jargely that of detectives and was very sensational, disclosing a plot among the conspirators to burn the barns and blow up the powder manufactories of the DuPont’s located on Brandy-wine Creek, in the-vicinity of the City of Wilmington.
1Opinion of the Court
Cullen, J.,
(charging the jury):
Gentlemen of the Jury: The case you are empaneled to try *537is a very important one, and a grave responsibility rests upon you in order that the public interests may be protected.
The indictment here is one for what is called conspiracy. A ■conspiracy is an unlawful combination entered into by two or more persons for the purpose of doing an act which is unlawful, or the doing of a lawful act by unlawful means.
In order to sustain this indictment it is necessary in the first place to show that there was an unlawful combination by, and on the part of two or more…
2Cited by9 opinions
- Dawson v. United StatesCourt of Appeals for the Ninth Circuit · 1926
- Smith v. StateCourt of Criminal Appeals of Texas · 1905
- Wolf v. KeagySuperior Court of Delaware · 1927
- People v. MacMullenCalifornia Court of Appeal · 1933
- People v. EstepAppellate Court of Illinois · 1952
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