CONSPIRACY, crim. law, torts. An agreement between two or more persons
to do an unlawful act, or an act which may become by the combination
injurious to others. Formerly this offence was much more circumscribed
in its meaning than it is now. Lord Coke describes it as "a consultation
or agreement between two or more to appeal or indict an innocent
person falsely and maliciously, whom accordingly they cause to
be indicted or appealed and afterwards the party is acquitted
by the verdict of twelve men."
2. The crime of conspiracy, according to its modern interpretation,
may be of two kinds, Damely, conspiracies against the public,
or such as
endanger the public health, violate public morals, insult public justice,
destroy the public peace, or affect public trade or business. See 3
Burr. 1321.
3. To remedy these evils the guilty persons may be indicted in the name
of the commonwealth. Conspiracies against individuals are such as have
a tendency to injure them in their persons, reputation, or property.
The remedy in these cases is either by indictment or by a civil
action.
4. In order to reader the offence complete, there is no occasion that
any act should be done in pursuance of the unlawful agreement entered
into between the parties, or that any one should have been defrauded
or injured by it. The conspiracy is the gist of the crane. 2 Mass.
R. 337; Id. 538 6
Mass. R. 74; 3 S. & R. 220 4 Wend. R. 259; Halst. R. 293 2 Stew. Rep.
360; 5 Harr. & John. 317 8 S. & R. 420. But see 10 Verm. 353.
5. By the laws of the United State's, St. 1825, c. 76, Sec. 23, 3
Story's L. U. S., 2006, a willful and corrupt conspiracy to cast away,
burn or otherwise destroy any ship or vessel. with intent to injure
any underwriter thereon, or the goods on board thereof, or any
lender of money on such vessel, on bottomry or respondentia, is,
by the laws of the United States, made felony, and the offender
punishable by fine not exceeding ten thousand dollars, and by
imprisonment and confinement at hard labor, not exceeding ten
years.
6. By the Revised Statutes of New York, vol. 2, p. 691, 692, it is
enacted, that if any two or more persons shall conspire, either, 1.
To commit any offence; or, 2. Falsely and maliciously to indict
another for any offence; or, 3. Falsely to move or maintain any
suit; or, 4. To cheat and defraud any person of any property,
by any means which are in themselves criminal; or, 5. To cheat
and defraud any person of any property, by means which, if executed,
would amount to a cheat, or to obtaining property by false pretences;
or, 6. To commit any act injurious to the public health, to public
morals, or to trade and commerce, or for the perversion or obstruction
of justice, or the due administration of the laws; they shall be
deemed guilty of a misdemeanor. No other conspiracies are there punishable
criminally. And no agreement, except to commit a felony upon the person
of another, or to commit arson or burglary, shall be deemed a
conspiracy, unless some act besides such agreement be done to
effect the object thereof, by one or more of the parties to such
agreement.
7. When a felony has been committed in pursuance of a conspiracy, the
latter, which is only a misdemeanor, is merged in the former; but when
a misdemeanor only has been committed in pursuance of such conspiracy,
the two crimes being of equal degree, there can be no legal technical
merger. 4 Wend. R. 265. Vide 1 Hawk. 444 to 454; 3 Chit. Cr. Law,
1138 to 1193 3 Inst. 143 Com. Dig. Justices of the Peace, B 107;
Burn's Justice, Conspiracy; Williams' Justice, Conspiracy; 4 Chit.
Blacks. 92; Dick. Justice Conspiracy, Bac. Ab. Actions on the
Case, G 2 Russ. on Cr. 553 to 574 2 Mass. 329 Id. 536 5 Mass.
106 2 D R. 205; Whart. Dig. Conspiracy; 3 Serg. & Rawle, 220; 7
Serg. & Rawle, 469 4 Halst. R. 293; 5 Harr. & Johns. 317 4 Wend. 229;
2 Stew. R. 360;1 Saund. 230, u. 4. For the French law, see Merl.
Rep. mot Conspiration Code Penal, art. 89.
[Bouvier's
Law Dictionary, 1856, Sixth Edition]