State v. Smith

This appeal is by the State from the action of the trial judge in sustaining a demurrer to an indictment charging conspiracy. The indictment is bottomed on Code Section 11064, which reads as follows:

“The crime of conspiracy may be committed by any two or more persons conspiring: (1) To commit any indictable offense; (2.) falsely and maliciously to indict another for such offense; (3) to procure another to be charged with, or arrested for, any such offense; (4) falsely to move or maintain any suit; (5) to cheat and defraud any person of any property by means in themselves criminal, or by any…