48 Miss. 234 | Miss. | 1873
N. Isaacs, M. Wolf, A. Cohen and A. Lewis, were jointly indicted in the Warren county circuit court in 1871, for a conspiracy to cheat and defraud Herman & Moss, and I. Rheinhart, merchants of Yicksburg, of their personal property, viz.: goods, wares and merchandise. After arraignment and plea, there was a motion to quash the indictment on the grounds that it “ does not allege that the property mentioned was obtained by the prisoners or either of them;” that it “ does not state that the property was obtained by prisoners, or any of them by reason of false pretense, nor is the character of the false pretense stated ;” and, that it “is vague and uncertain, and does not state with clearness the ownership of the property.” - The record does not show a decision of this motion, and presumptively it was waived. As to this indictment, we refer
The single instruction for the state is drawn with rare accuracy, stating the rule of law and the facts necessary to constitute the crime of conspiracy, and clearly and impartially submit to the jury tire question for their consideration.
The instruction for the accused refused by the court was not applicable to a charge of conspiracy, but to a prosecution for obtaining goods by false pretenses. The act of conspiracy is an offense of itself, though the fraud be never consummated. Am. Cr. Law, and Bishop Cr. Law, supra. Upon all other points, the instructions for the accused were full, and considerate of their rights.