State v. Carey

HUSKINS, Justice.

The action of the trial court in overruling defendant’s motion for judgment of nonsuit in the conspiracy case constitutes his first assignment of error.

“A criminal conspiracy is the unlawful concurrence of two or more persons in a wicked scheme — the combination or agreement to do an unlawful thing or to do a lawful thing in an unlawful way or by unlawful means. The conspiracy is the crime and not its execution.” State v. Goldberg, 261 N.C. 181, 134 S.E. 2d 334 (1964), and cases cited therein; accord, 16 Am. Jur. 2d, Conspiracy § 1 (1964). “As soon as the union of wills for…