State v. Young & Stainsby
Supreme Court of New Jersey
This was a motion to quash an indictment charging a conspiracy. The principal averments of the indictment were to the following effect, viz.: That James Williams, Ralph Jefferson, George H. Parkinson, Edward Carter and Joseph C. Young, (one of the defendants,) were commissioners to make an estimate of the-damages to be sustained by any owner or owners of the lands, and real estate which the mayor and common council had then and there determined to take and appropriate for…
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This was a motion to quash an indictment charging a conspiracy. The principal averments of the indictment were to the following effect, viz.: That James Williams, Ralph Jefferson, George H. Parkinson, Edward Carter and Joseph C. Young, (one of the defendants,) were commissioners to make an estimate of the-damages to be sustained by any owner or owners of the lands, and real estate which the mayor and common council had then and there determined to take and appropriate for the opening of South Fourteenth street, in the city of Newark; and that said Young was chairman of said commissioners.…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, Chief Justice.
The indictment placed before ■this court on the motion certified for our advisory opinion, is ■.founded on an alleged conspiracy to defraud and cheat the ■city of Newark, in its corporate capacity. This combination is laid in general terms, without specification of the means by which the cheat was to be accomplished. The question has, in various cases, been discussed, whether this form of pleading is sufficient. There are decisions that deny its fitness when applied to cases in which the object of the conspiracy is not in itself…
2Cited by3 opinions
- State v. John P. Callaghan Co.New Jersey Superior Court Appellate Division · 1961
- State v. MaloneNew Jersey Superior Court Appellate Division · 1951
- State v. D'AuriaNew Jersey Superior Court Appellate Division · 1949