United States v. Britton
Supreme Court of the United States
ON CERTIFICATE OF DIVISION OF OPINION FROM THE EASTERN DISTRICT OF MISSOURI. Indictment against two directors of a national bank for conspiracy to defraud the bank.
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ON CERTIFICATE OF DIVISION OF OPINION FROM THE EASTERN DISTRICT OF MISSOURI. Indictment against two directors of a national bank for conspiracy to defraud the bank. Section 5M0 of the Revised Statutes declares: “ If two or more persons conspire ... to commit any of-fence against the United States, . . . and one or moré of such- parties do any act to effect the object of the conspiracy,-all the parties to such conspiracy shall be liable to a penalty of not less than one thousand dollars, and to imprisonment not more than two years.” Section 5209 of the Revised Statutes provides as follows: “…
1Opinion of the CourtJustice Woods
The offence charged in the counts of this indictment is a conspiracy. This offence does not consist of both the conspiracy and the acts done to effect the object of the conspiracy, but of the conspiracy alone. The provision of the statute, that there must be an act done to effect the object of the conspiracy, merely affords a locus penitentiw, so that before the act done' either'one or ail of the parties may abandon their design, and . thus-avoid-the penalty prescribed by the statute. It follows as a -rule of criminal pleading that in an indictment for conspiracy under section 5440, the…
2Cases cited4 opinions
- The United States v. Hudson and GoodwinSupreme Court of the United States · 1812
- United States v. BrittonSupreme Court of the United States · 1883
- United States v. CoolidgeSupreme Court of the United States · 1816
- United States v. BuzzoSupreme Court of the United States · 1873
3Cited by186 opinions
- Hyde v. United StatesSupreme Court of the United States · 1912
- Pettibone v. United StatesSupreme Court of the United States · 1893
- United States v. MantonCourt of Appeals for the Second Circuit · 1938
- Evans v. United StatesSupreme Court of the United States · 1894
- Jones v. United StatesSupreme Court of the United States · 1890
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