Lambert v. People
Court for the Trial of Impeachments and Correction of Errors
The indictment for a conspiracy was-, “ that the defendants intending unlawfully, by indirect means, to cheat and defraud a certain incorporated company, (naming it,) and divers others unknown, of their effects, did fraudulently and unlawfully conspire together, injuriously and unjustly, by wrongful and indirect means, to cheat and defraud the company and unknown persons of their effects; and that in execution thereof, they did by certain undue, indirect, and unlawful means,…
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The indictment for a conspiracy was-, “ that the defendants intending unlawfully, by indirect means, to cheat and defraud a certain incorporated company, (naming it,) and divers others unknown, of their effects, did fraudulently and unlawfully conspire together, injuriously and unjustly, by wrongful and indirect means, to cheat and defraud the company and unknown persons of their effects; and that in execution thereof, they did by certain undue, indirect, and unlawful means, unlawfully cheat and defraud the company- and unknown persons, of divers effects.” The Supreme Court held that an…
1Opinion of the Court
The Court of Errors were equally divided on the question whether this indictment was a valid one, and it was decided by the casting vote of the president, (Tallmadge,) that it was defective; and the judgment of the Supreme Court sustaining it, was reversed.
The Court of Errors held, that where an indictment for a conspiracy does not set forth the object specifically, and show *233that such object is a legal crime; it should particularly set forth the means intended to be used by the conspirators, and show that those means are criminal. Otherwise, the indictment charges no crime or offence of which…
2Cases cited1 opinion
- People v. EckfordNew York Supreme Court · 1827