282 F. 617 | 8th Cir. | 1922
Murry and Williams, hereafter called defendants, were convicted and sentenced on each of three counts of ah indictment—the first count of which charged a conspiracy to commit an offense against the United States , (section 37, Criminal Code [Comp. St. § 10201]), the second the possession of intoxicating liquor, and the third the transportation of intoxicating liquor, all in violation of the National Prohibition Act (41 Stat. 308, title 2,- § 3). The defendants sued out separate writs of error, but the cases have been argued as one case, and will be so treated in this opinion.
_ [ 1 ] The defendants at the trial made 'a motion for a directed verdict in their favor as to the first count, which was overruled. This ruling is assigned as error. The evidence introduced on the part of the United States, the defendants introducing none, showed that defendants were arrested in Pulaski county, Ark., near Eittle Rock city,
It is claimed by counsel for defendants that there was no evidence showing a conspiracy. We are of the opinion that the jury had the right to draw from the evidence introduced the inference that the defendants had agreed to have possession of the whisky and to transport it. It is impossible in most cases to show by direct evidence that the persons charged met together and agreed to do certain unlawful things. These agreements are usually made secretly, and it thus results that nearly all conspiracies are proven' by circumstantial evidence. Reilley v. United States, 106 Fed. 896, 46 C. C. A. 25; United States v. Cassidy (D. C.) 67 Fed. 698; United States v. Barrett (C. C.) 65 Fed. 62; United States v. Wilson (D. C.) 60 Fed. 890; United States v. Newton (D. C.) 52 Fed. 275; United States v. Sacia (D. C.) 2 Fed. 754; United States v. Nunnemacher, 7 Biss. 111, Fed. Cas. No. 15902; Mussel Slough Case (C. C.) 5 Fed. 680; Alkon v. United States, 163 Fed. 810, 90 C. C. A. 116; Davis v. United States, 107 Fed. 753, 46 C. C. A. 619; Chadwick v. United States, 141 Fed. 225, 72 C. C. A. 343, citing Agnew v. United States, 165 U. S. 36, 17 S. Ct. 235, 41 L. Ed. 624; Wilson v. United States, 190 Fed. 427, 111 C. C. A. 231; Chadwick v. United States, 141 Fed. 225, 72 C. C. A. 343; Marrash v. United States, 168 Fed. 225, 93 C. C. A. 511.
The liability for conspiracy is not taken away by its success; that is, by the accomplishment of the subsequent offense at which the conspiracy aims. Heike v. United States, 227 U. S. 131, 33 Sup. Ct. 226, 57 L. Ed. 450, Ann. Cas. 1914C, 128.
Judgment affirmed.
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