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, 23, 3 Story's L. U.
S., 2006, a wilful 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.
CONSPIRATORS. Persons guilty of a conspiracy. See 3 Bl. Com. 126-71 Wils. Rep. 210-11. See Conspiracy.
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