34 Iowa 443 | Iowa | 1872
The objections made to the judgment of the district court will be noticed in the order in which they are found in the brief of counsel of defendants.
The decision of the district court upon the demurrer was correct. The offense charged is the conspvraoy, the confederation of defendants to commit an act which, in law, is a felony. The crime alleged against the defendants is the unlawful combination and agreement to commit a crime. It has not regard to the act, the crime alone, but to the agreement to commit it. Now the same act may constitute more than one offense. The taking of property from the person of another by violence is robbery, but it also constitutes a lower offense, larceny. A charge of a conspiracy to rob and steal may, therefore, imply a combination to do but one act, which, if consummated, would constitute two offenses, robbery and larceny. Then again, the gist of the offense charged is the conspiracy — the act,
It is proper to remark that the instruction we are now considering is an extract from the opinion of the court in The Commonwealth v. McLean, 2 Par. 368, quoted in Wharton’s Am. Crim. Law, § 2351.
IY. It is next and lastly urged that the evidence did not authorize the conviction of defendants. As we have before intimated it was circumstantial, exclusively so. It would prove unprofitable to .enter into a discussion of the evidence, in order to show that defendants were rightly convicted. We think there was ample evidence befoi’e the jury to authorize them to infer the guilt of the defendants. Certainly it cannot be claimed that there is such an absence of proof as to show that the verdict was not the result of the unbiased, intelligent and honest exercise of judgment by the jury. Unless it be made so to appear’, we cannot disturb the judgment of the court below.
Affirmed.