Madden v. State
Supreme Court of New Jersey
On motion to quash an indictment brought into this court, from the Hudson county Oyer and Terminer by writ of certiorari. . The indictment in substance contains the following aver-men ts:. That the prosecutors of this writ, being then and there street and water commissioners of Jersey City and then •there constituting and composing and acting as the board of street and water ■ commissioners of Jersey City, did conspire •and bind themselves together by agreement to cheat and…
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On motion to quash an indictment brought into this court, from the Hudson county Oyer and Terminer by writ of certiorari. . The indictment in substance contains the following aver-men ts:. That the prosecutors of this writ, being then and there street and water commissioners of Jersey City and then •there constituting and composing and acting as the board of street and water ■ commissioners of Jersey City, did conspire •and bind themselves together by agreement to cheat and defraud Jersey City of its moneys, by willfully and corruptly purchasing from divers persons for and on behalf of Jersey…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The first line of attack upon the above indictment is that it fails to show that the combination set out was *326corrupt. It is premised that the indictment does not merely set out a conspiracy to cheat generally, but that it charges a conspiracy to cheat by the use of certain specified devices and in certain ways, specially named. From- this premise it is said that the scope of the conspiracy is not only limited by this particularization of the method by which it was to be executed, but that the character of the devices set out must exhibit a…
2Cited by4 opinions
- State v. John P. Callaghan Co.New Jersey Superior Court Appellate Division · 1961
- Schmidt v. City of New OrleansSupreme Court of Louisiana · 1881
- State v. D'AuriaNew Jersey Superior Court Appellate Division · 1949
- State v. MinchCourt Of Oyer And Terminer New York · 1932