Legal Opinion

March v. People

New York Supreme Court

Decided November 7, 1849PublishedCited by 4 opinions

Error to the general sessions of Herkimer county. The defendants were indicted for a conspiracy. The indictment alledged that on the 13th day of January, 1848, at Little Falls in said county, N. S. Benton and William Barrett had a demand against the defendant March amounting to $77 ; and that the defendants, unlawfully, wickedly, and maliciously contriving, devising and intending to cheat, deceive and defraud them out of the said demand, did between themselves conspire,…

Read the full summary

Error to the general sessions of Herkimer county. The defendants were indicted for a conspiracy. The indictment alledged that on the 13th day of January, 1848, at Little Falls in said county, N. S. Benton and William Barrett had a demand against the defendant March amounting to $77 ; and that the defendants, unlawfully, wickedly, and maliciously contriving, devising and intending to cheat, deceive and defraud them out of the said demand, did between themselves conspire, combine, confederate and agree together falsely and fraudulently to cheat, deceive and defraud the said Benton and Barrett…

1Opinion of the Court

By the Court, Pratt, J.

It is perfectly obvious from' the terms of the statute defining the crime of conspiracy, that the indictment should set out the particular means intended to be used by the conspirators to compass the alledged fraud. The indictment is based upon the 4th and 5th subdivisions of the 8th section, which reads as follows: “ If two or more persons

shall conspire either to cheat and defraud any person of any property, by any means which are in themselves criminal; or by any means which, if executed, would amount to a cheat, or to obtaining money, or property by false pretences,…

2Cases cited1 opinion

  1. People v. TaylorNew York Supreme Court · 1846

3Cited by4 opinions

  1. Commonwealth v. WardCourt of Appeals of Kentucky · 1891
  2. People v. BofillNew York Court of General Session of the Peace · 1962
  3. People v. Rathbun, New York County Courts1904
  4. People v. NewsomeNew York Supreme Court · 1966

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API