United States v. Donau
U.S. Circuit Court for the District of Southern New York
This was a motion to quash an indictment [against Simon' Donau and Christopher Flood] found for a violation of the 30th section of the act of March 2d, 1867 (14 Stat. 484), which provides, “that, if two or more persons conspire either to commit any of-fence against the laws of the United States, or to defraud the United States in any manner whatever, and one or more of said parties to said conspiracy shall do any act to effect the object thereof, the parties to said…
Read the full summary
This was a motion to quash an indictment [against Simon' Donau and Christopher Flood] found for a violation of the 30th section of the act of March 2d, 1867 (14 Stat. 484), which provides, “that, if two or more persons conspire either to commit any of-fence against the laws of the United States, or to defraud the United States in any manner whatever, and one or more of said parties to said conspiracy shall do any act to effect the object thereof, the parties to said conspiracy shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be liable to a penalty of not less than…
1Opinion of the Court
BENEDICT, District Judge,
in denying the motion, said, in substance:
The 30th section of the act of March 2d, 1867, creates an offence which may be committed without any other action on the part of the accused, than that of conspiring with another to commit an offence against the laws of the United States, or to defraud the United States. The unlawful agreement is, therefore, the gist of the offence which this section intended to create. The requirement that some act to effect the object of the conspiracy be done by some one of the conspirators, is intended to afford a locus posnitentise. Until…
2Cited by12 opinions
- United States v. GreeneDistrict Court, S.D. Georgia · 1902
- Houston v. United StatesCourt of Appeals for the Ninth Circuit · 1914
- Riddle v. United StatesCourt of Appeals for the Fifth Circuit · 1922
- Ex parte BlackDistrict Court, E.D. Wisconsin · 1906
- United States v. BensonCourt of Appeals for the Ninth Circuit · 1895
7 more not listed; retrieve them via the Exa API.