Elsey v. State
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court. Hon. G. S. Cunningham, Judge. Under our statute, Mansf. Dig., sec. 1822, only a conspiracy to c'ommit “ any felony” is indictable, and that, too, where “some advance thereto” is “made without committing the felony.” An overt act is an essential incident of the offense. 2 Fed. Rep., 73‡; 2 Bish. Cr. Law, sec. 131, et seq.
Read the full summary
APPEAL from Franklin Circuit Court. Hon. G. S. Cunningham, Judge. Under our statute, Mansf. Dig., sec. 1822, only a conspiracy to c'ommit “ any felony” is indictable, and that, too, where “some advance thereto” is “made without committing the felony.” An overt act is an essential incident of the offense. 2 Fed. Rep., 73‡; 2 Bish. Cr. Law, sec. 131, et seq. It seems entirely clear that the legislature, having provided explicitly what kind of conspiracy, and under what particular attending circumstances, should be indictable and punishable, excludes all others. 1. The misdemeanor charged in the…
1Opinion of the CourtBattle, J.
The appellants, F. M. Elsey and H. Elsey, and E. A Cope, were jointly indicted in the Franklin 'circuit court for the Ozark district, for a conspiracy to utter and publish for true and genuine, certain forged Franklin county warrants, purporting to be good, genuine and valid warrants of Franklin county, for the payment of money, well-knowing the same to be forged, with intent to defraud and cheat Franklin county out of a large sum of money. Cope died, and the indictment was dismissed as to him. Appellants demurred to the indictment because it does not state facts sufficient to constitute a…
2Cases cited2 opinions
- People v. CatonMichigan Supreme Court · 1872
- Perkins v. PeopleMichigan Supreme Court · 1873
3Cited by16 opinions
- Wells v. TerritoryCourt of Criminal Appeals of Oklahoma · 1908
- Maloney v. StateSupreme Court of Arkansas · 1909
- Jones v. StateCourt of Criminal Appeals of Oklahoma · 1940
- Owen v. StateSupreme Court of Arkansas · 1978
- Powell v. StateSupreme Court of Arkansas · 1918
11 more not listed; retrieve them via the Exa API.