adopted does not render the offense incomplete.96 Nor is it even essential that the object of the conspiracy be possible,97 nor material that its object becomes impossible of attainment by reason of events happening after it is formed.98 So persons may be indicted for a conspiracy to commit an act which in its nature was incapable of being committed at the time the conspiracy was formed, as, for example, to conceal assets from a trustee in bankruptcy to be appointed in bankruptcy proceedings not yet instituted.99 Nor is it a defense to a prosecution for conspiracy to commit burglary, that, after the making of the agreement, the owner of the building to be burglarized consents to the entry.1

An indictment will not lie for conspiracy to defraud the United States where the contemplated fraud can only be effected in case a certain law is enacted by Congress in the future, and no such law has been enacted when the prosecution is instituted. But a conspiracy to prevent the enforcement of a law, though formed before its

New Jersey. State v. Herbert, 92 N. J. L. 341, 105 Atl. 796; State v. Reiners, 80 N. J. L. 196, 76 Atl. 330; State v. Nugent, 77 N. J. L. 84, 71 Atl. 485.

Rhode Island. State v. Bacon, 27 R. I. 252, 61 Atl. 653.

Texas. King v. State, 86 Tex. Cr. 407, 216 S. W. 1091.

Washington. State v. Stewart, 32 Wash. 103, 72 Pac. 1026.

96 State v. Bacon, 27 R. I. 252, 61 Atl. 653.

97 Gallagher v. People, 211 Ill. 158, 71 N. E. 842, aff'g 110 Ill. App. 250; Ochs v. People, 124 Ill. 399, 16 N. E. 662; People v. Schultz, 210 Mich. 297, 178 N. W. 89; Aikens v. State, 113

Wis. 419, 89 N. W. 1135, aff'd 195 U.
S. 194, 49 L. Ed. 154, 25 Sup. Ct. 3;
State v. Huegin, 110 Wis. 189, 85 N.
W. 1046, 62 L. R. A. 700.

A conspiracy to defraud is indictable although the means employed are not successful nor calculated to deceive persons of ordinary intelligence. People v. Gilman, 121 Mich. 187, 80 N. W. 4, 46 L. R. A. 218, 80 Am. St. Rep. 490.

98 Thompson v. State, 106 Ala. 67, 17 So. 512.

99 Meyer v. United States, 258 Fed. 212; United States v. Rhodes, 212 Fed. 513; Roukous v. United States, 195 Fed. 353 (aff'g 170 Fed. 110), certiorari denied 225 U. S. 710, 56 L. Ed. 1267, 32 Sup. Ct. 840;. Cohen v. United States, 157 Fed. 651, certiorari denied 207 U. S. 596, 52 L. Ed. 357, 28 Sup. Ct. 261. And see United States v. Rabinowich, 238 U. S. 78, 59 L. Ed. 1211, 35 Sup. Ct. 683, and § 497, infra.

1 Johnson v. State, 3 Tex. App. 590. 2 United States v. Crafton, 4 Dill. 145, Fed. Cas. No. 14,881.

enactment, is indictable if it is continued after its enactment.3

§ 493. Pecuniary benefit. A person may be convicted of conspiracy although it was not contemplated that he should derive any pecuniary benefit from the contemplated acts and though he did not derive any.

§ 494. Conspiracy to do acts prejudicial to the public. It has been laid down broadly that an indictment will lie at common law for a conspiracy to do an act which is neither illegal nor immoral in an individual, but to effect a purpose which has a tendency to injure the public. And on this principle indictments have been sustained for conspiracies to defraud, or to tamper with ballots cast at a voluntary party primary, or to prevent competition in the sale of necessaries of life, or the like, although the object of the conspiracy, if accomplished, would not amount to a crime.

8

§ 495. Conspiracy to do acts prejudicial to individuals. At common law conspiracies to injure, oppress or wrongfully prejudice individuals are indictable although the acts contemplated would not constitute a crime if committed by one person. So it is a mis

3 Selective service law. United States v. Wells, 262 Fed. 833; Bryant v. United States, 257 Fed. 378.

4 United States v. Bradford, 148 Fed. 413 (aff'd 152 Fed. 616), certiorari denied 206 U. S. 563, 51 L. Ed. 1190, 27 Sup. Ct. 795; United States v. Newton, 52 Fed. 275; Hyde v. United States, 35 App. Cas. (D. C.) 451, aff'd 225 U. S. 347, 56 L. Ed. 1114, 32 Sup. Ct. 793; Ochs v. People, 124 Ill. 399, 16 N. E. 662; State v. Bacon, 27 R. I. 252, 61 Atl. 653.

5 Chicago, W. & V. Coal Co. v. People, 214 Ill. 421, 73 N. E. 770; Smith v. People, 25 Ill. 17, 76 Am. Dec. 780; State v. Buchanan, 5 Har. & J. (Md.) 317, 9 Am. Dec. 534; Com. v. Waterman, 122 Mass. 43; State v. Bienstock, 78 N. J. L. 256, 73 Atl. 530.

6 See § 499, infra.

7 State v. Bienstock, 78 N. J. L. 256, 73 Atl. 530.

8 See § 505, infra.

91 Hawk. P. C. c. 72, § 2; State v. Rowley, 12 Conn. 101; Com. v. Waterman, 122 Mass. 43; State v. Bienstock, 78 N. J. L. 256, 73 Atl. 530; State v. Donaldson, 32 N. J. L. 151, 90 Am. Dec. 649; State v. Stewart, 59 Vt. 273, 9 Atl. 559, 59 Am. Rep. 710.

"All combinations whatsoever, wrongfully to prejudice a third person, are highly criminal at common law." 1 Hawk. P. C. c. 72; Rex v. Edwards, 8 Mod. 320.

Chitty says: "All confederacies wrongfully to prejudice another are misdemeanors at common law, whether the intention is to injure his property, his person, or his character." 3 Chit. Crim. L. 1139.

An indictment has been sustained

demeanor at common law for two or more persons to conspire to slander another, or to make a false charge against him, either for the purpose of injuring his reputation, or for the purpose of extorting money from him, as in the case of blackmail,10 or to conspire to extort money from a person by inducing other persons not to work for him until such money is paid,11 or to conspire to commit any trespass upon the property of another,12 or to obtain his money or property by fraud or false pretenses,18 or to deprive him of his liberty or property, 14 or to injure him in his trade or calling, 15 though the intended act would not be a crime if committed.

Statutes in some states expressly provide for the punishment of persons who conspire for the purpose of intimidating, alarming, disturbing, or injuring any person or persons,16 or of molesting, injuring

for conspiracy to effect the escape of a female infant, with a view to her marriage against her father's will, Mifflin v. Com., 5 Watts & S. (Pa.) 461, 40 Am. Dec. 527; and for conspiracy to seduce a minor son and heir, "and carry him out of the custody, counsel, and government of his father," with design to marry him to a woman of ill fame. Rex v. Thorp, 5 Mod. 221.

10 Maryland. State v. Buchanan, 5 Har. & J. 317, 9 Am. Dec. 534. Massachusetts. Com. v. Tibbetts, 2 Mass. 536.

Michigan. People v. Dyer, 79 Mich. 480, 44 N. W. 937.

New Jersey. State v. Hickling, 41 N. J. L. 208, 32 Am. Rep. 198.

New York. Elkin v. People, 28 N. Y. 177.

State v. Jackson,

North Carolina. 82 N. C. 565. England. Rex v. Kinnersley, 1 Strange 193; Rex v. Parsons, 1 W. Bl. 392; Rex v. Ripsal, 1 W. Bl. 368, 3 Burrow 1320.

As conspiracy to falsely charge one with being the father of a bastard child. Child v. North, 1 Keb. 203; Reg. v. Best, 2 Ld. Raym. 1167; Timberley's Case, Sid. 68; Rex v. Armstrong, Vent. 304.

Or to extort money from a person who has committed a crime by threatening to prosecute him unless he pays. Patterson v. State, 62 N. J. L. 82, 40 Atl. 773.

Of course such a conspiracy is indictable where blackmail or extortion of this character is made a crime by statute. See § 496, infra.

11 People v. Curran, 286 Ill. 302, 121 N. E. 637, aff'g 207 Ill. App. 264; State v. Dalton & Fay, 134 Mo. App. 517, 114 S. W. 1132.

12 Wilson v. Com., 96 Pa. St. 56. A conspiracy to use another's automobile without his consent is indictable although there is no statute making such use a crime. State v. Davis, 88 S. C. 229, 70 S. E. 811, 34 L. R. A. (N. S.) 295.

13 See § 499, infra.

14 State v. Glidden, 55 Conn. 46, 8 Atl. 890, 3 Am. St. Rep. 23.

15 See § 503, infra.

16 Jenkins v. Com., 167 Ky. 544, 180 S. W. 961, 3 A. L. R. 1522.

Such a provision does not apply to a family row as to the custody of a child. Steely v. Com., 170 Ky. 794. 186 S. W. 880.

or destroying the property of another.17 And the federal statutes provide for the punishment of persons who conspire to cast away or otherwise destroy any vessel with intent to injure underwriters, or any person who has lent or advanced money on such vessel on bottomry or respondentia.18 And where the statute makes it an offense to threaten or use any means to intimidate any person to compel him to refrain from doing any act which he has a legal right to do, a conspiracy which contemplates the use of threats or intimidation for such a purpose is indictable.19

§ 496. Conspiracy to commit crime-In general. At common law and under most of the statutes, a conspiracy to commit any crime, either as an end or as the means of accomplishing an end not criminal, is indictable regardless of whether the intended crime be a felony or merely a misdemeanor, or whether it be criminal at common law or by statute only.20 Conspiracy to obtain money or property by false pretenses is clearly indictable where there is a statute punishing the obtaining of money or property by such means.21 And the same is

true of conspiracy to commit an assault and battery,22 or to procure the false imprisonment of another,23 to rob or steal,24 to receive stolen property,25 to commit bribery 26 or to solicit bribes,27 or to commit adultery or other sexual crimes,28 or blackmail,29 or extortion,30 or kidnapping,31 or to wilfully and maliciously injure or destroy the property of another, 32 or to violate the liquor laws, 33 or to teach and advocate that men should not enlist in the army or navy or aid or assist the United States in prosecuting a war.34 Under some statutes, however, the object of the conspiracy must be to commit a felony.35 A single conspiracy may have for its object the violation of two or more criminal laws.36

There cannot be a conspiracy to engage in a conspiracy." Nor can there be a conspiracy to commit voluntary manslaughter, since the definition of that offense necessarily excludes an agreement beforehand to commit it.38 But there may be a conspiracy to attempt to do certain things, where such an attempt is made a substantive offense by the statute.39

22 State v. McNally, 34 Me. 210, 56 Am. Dec. 650; King v. State, 123 Miss. 532, 86 So. 339; Com. v. Spink, 137 Pa. St. 255, 20 Atl. 680; Com. v. Putnam, 29 Pa. St. 296.

23 Conspiracy to have a sane woman declared insane, and confined in an asylum. Com. v. Spink, 137 Pa. St. 255, 20 Atl. 680.

24 People v. Richards, 67 Cal. 412, 7 Pac. 828, 56 Am. Rep. 716; People v. Bond, 291 Ill. 74, 125 N. E. 740; Miller v. Com., 78 Ky. 15, 39 Am. Rep. 194.

25 Com. v. Harris, 232 Mass. 588, 122 N. E. 749.

26 Shircliff v. State, 96 Ind. 369. 27 Williams v. State, 188 Ind. 283, 123 N. E. 209.

O'Brien, 12 Cush. (66 Mass.) 84.

30 State v. McLoy, 32 Idaho 450, 184 Pac. 470.

31 Taylor v. State, 25 Ga. App. 500, 103 S. E. 740.

32 Lanasa v. State, 109 Md. 602, 71 Atl. 1058.

33 Conley v. State, 15 Okla. Cr. 531, 179 Pac. 480.

34 State v. Townley, 142 Minn. 326, 171 N. W. 930.

35 King v. State, 86 Tex. Cr. 407,

216 S. W. 1091.

36 Frohwerk v. United States, 249 U. S. 204, 63 L. Ed. 561, 39 Sup. Ct. 249; United States v. Rabinowich, 238 U. S. 78, 59 L. Ed. 1211, 35 Sup. Ct. 682; United States v. Ault, 263 Fed. 800; Bryant v. United States, 257 Fed. 378.

37 United States v. Armstrong, 265 Fed. 683; United States v. Kissel, 173 Fed. 823.

38 State v. Prater, 52 W. Va. 132, 43 S. E. 230.

39 As a conspiracy to attempt to obtain money by means of the con