Com. v. Benz., Com. v. Routley

Opinion by

Mr. Justice Kephart,

Defendants were charged with conspiracy to defraud the County of Allegheny out of its funds or property by the use of gasoline delivered to them for their personal use and paid for by the county. At common law, a criminal conspiracy is an agreement between two or more persons with criminal intent to do an unlawful act, or to do a lawful act by unlawful means: Com. v. Richardson, 229 Pa. 609, 611. The indictment may be sustained under section 128 of the Criminal Code, as well as at common law. Conspiracy depends on the agreement and the criminal intent of the…