State v. Dalton
Missouri Court of Appeals
Appeal from St. Louis Court of Criminal Correction.— Hon. Ellison Á. Taylor, Judg'e. (1) Common law conspiracy is still punishable as a misdemeanor in this State, .despite the fact that the statute (R. S. 1899, sec. 2152), defines certain acts as conspiracies, because there is no provision in our statute containing “negative or- exclusive words.”
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Appeal from St. Louis Court of Criminal Correction.— Hon. Ellison Á. Taylor, Judg'e. (1) Common law conspiracy is still punishable as a misdemeanor in this State, .despite the fact that the statute (R. S. 1899, sec. 2152), defines certain acts as conspiracies, because there is no provision in our statute containing “negative or- exclusive words.” Our statute “neither in terms abolishes the common-law offense, nor does it declare that- the cases enumerated shall alone constitute the offense.” “When the com' mon law and a statute differ, the common law gives place to the statute, only when the.…
1Opinion of the CourtNortoni, J.
It seems to be conceded that the offense charged in the indictment does not fall within the terms of our statute with respect to the offense of conspiracy. It is obvious the court, in quashing the indictment, proceeded upon the theory that the entire law of this State on the subject of criminal conspiracy is contained in our statutes, secs. 2152 and 2153, R. S. 1899 (secs. 2152 and 2153, Mo. Ann. St. 1906). These provisions are as follows:
“Sec. 2152. Conspiracy. — If two or more persons shall agree, conspire, combine or confederate: First, to commit any offense; or second, falsely or…
2Cases cited17 opinions
- Carew v. RutherfordMassachusetts Supreme Judicial Court · 1870
- Thomas v. Cincinnati, N. O. & T. P. Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1894
- Scott v. . OnderdonkNew York Court of Appeals · 1856
- Commonwealth v. JuddMassachusetts Supreme Judicial Court · 1807
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. KollenbornSupreme Court of Missouri · 1957
- Lajoie v. Central West Casualty Co.Missouri Court of Appeals · 1934
- State v. TierneyMissouri Court of Appeals · 1979
- Clarkson v. LaiblanMissouri Court of Appeals · 1913
- Brosnahan v. BrosnahanMissouri Court of Appeals · 1974
6 more not listed; retrieve them via the Exa API.