United States v. Olmstead

NETERER, District Judge.

A conspiracy is a combination of two or more persons, by some concerted action, to accomplish some criminal or unlawful purpose, or to accomplish some purpose, not in itself criminal or unlawful, by criminal or unlawful means. Pettibone v. U. S., 148 U. S. 203, 13 S. Ct. 542, 37 L. Ed. 419.

In prosecutions for a conspiracy at common law it was neither necessary to aver nor to prove an overt act. Bannon v. U. S., 156 U. S. 468, 15 S. Ct. 467, 39 L. Ed. 494. An indictment for a conspiracy to promote an unlawful purpose must set forth that purpose fully and clearly, and…