State v. Martin

The following opinion was filed November 9, 1938:/

Fritz, J.

The appellants’ first assignment of error is that the court erred in overruling their motion to dismiss the *646indictment. In support of that assignment the appellants contend that no criminal offense is charged and there can be no conviction under sec. 348.40, Stats, (see margin 1), which provides for the punishment of persons guilty of a conspiracy at common law, unless it is alleged and proven that to effect the object of the conspiracy some act was done by the conspirators which constituted and was known as an offense at common law.…