108 F. 61 | 5th Cir. | 1901
after stating the case as above, delivered the opinion of the court.
Section 5440 of the Revised Statutes is as follows:
“If two or more persons conspire cither to commit any offense against the United States, or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, all the parties to such conspiracy shall be liable to a penalty of not loss than one thousand dollars and not more than ten thousand dollars, and to imprisonment not more than two years.”
It is a criminal offense under ibis statute for two or more persons to conspire to defraud the United States in any manner or for'any purpose, where any one or more of such parties does any act to effect the object of the conspiracy. The offense is the conspiracy. It is not the act which is done to effect the object, of the conspiracy. The provision of the statute that an act must be done to effect the object of the conspiracy affords a locus penitenthe, so that, before said act isdone, either one or all of the; parties may abandon their design, and avoid the penalty of the statute. U. S. v. Britton, 108 U. S. 193, 2 Sup. Ct. 526, 27 L. Ed. 701. The charge in the indictment is that the defendants conspired to defraud the United States out of its title to certain lauds. Such conspiracy, it has been held, is covered by the