person, to issue annual license to such person for the sale of cigarettes and cigarette papers for each place of business in such county upon the payment of a license fee of twentyfive dollars and the execution of a good and sufficient bond in the sum of one thousand dollars with a surety company as surety, or two or more individual sureties, one of whom shall be a resident of the county to be approved by the county clerk conditioned for the faithful compliance with the provisions. of section 1064 of this act. All license fees provided for herein shall go into the county road fund and be used in the construction and maintenance of public roads. (S. L. 1917, 238)

1067. County Attorney-Duties-It shall be the duty of the county attorney to bring action for the forfeiture of bonds herein provided for upon a violation of the provisions of section 1064 of this act by any licensee for the sale of cigarettes and cigarette papers, and upon recovery thereon fifty dollars shall be paid to the complaining witness, one hundred dollars to the county attorney prosecuting such action, in addition to the salary now provided by law, the remainder to be paid into the county road fund of the county to be distributed as are other county road funds. (S. L. 1917, 238)

COMPOUNDING CRIMES.

1068. Compounding Felony. 1069. Compounding Crimes.

1070. Compounding Prosecution.

1068. Compounding Felony-Any person may be prosecuted for having with the knowledge of the commission of a public offense, taken money or property of another, or a gratuity or reward, or an engagement or promise therefor, upon the agreement or understanding, express or implied, to compound or conceal the offense, or to abstain from a prosecution therefor, or to wthhold any evidence thereof, though the person guilty of the original offense have not been indicted or tried. (5759 R. L. 1910)

1069. Compounding Crimes Any person who, having knowledge of the actual commission of a crime or violation of statute, takes any money or property of another, or any gratuity or reward, or any engagement or promise therefor, upon any agreement or understanding, express or implied, to compound or conceal such crime or violation of statute, or to abstain from any prosecution therefor, or to withhold any evidence thereof, is punishable as follows:

First: By imprisonment in the State penitentiary not exceeding five years, or in a county jail not exceeding one year, where the crime compounded is one punishable either by death or by imprisonment in the state penitentiary for life.

Second: By imprisonment in the State penitentiary not exceeding three years, or in a county jail not exceeding six months, where the crime compounded was punishable by imprisonment in the State penitentiary for any other term than for life.

Third: By imprisonment in a county jail not exceeding one year, or by fine not exceeding two hundred and fifty dollars, or by both such fine and imprisonment where the crime or violation of statute compounded is a crime punishable by imprisonment in the county jail, or by fine, or is a misdemeanor or violation of statute for which a pecuniary or other penalty or forfeiture is prescribed. (2255 R. L. 1910)

1070. Compounding Prosecution-Any person who takes any money or property of another, or any gratuity or reward, or any engagement or promise therefor, upon any agreement or understanding, express or implied to compound, discontinue or delay any prosecution then pending for any crime or violation of any statute, or to withhold any evidence in aid thereof, is guilty of a misdemeanor. (2256 R. L. 1910)

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1071. Conspiracy Defined.

CONSPIRACY.

1073. Overt Act Necessary.

1072. Conspiracy Against Peace of State. 1074. Conspiracy Against State

1071. Conspiracy Defined-If two or more persons conspire either:

First: To commit any crime; or,

Second: Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime; or,

Third: Falsely to move or maintain any suit, action, or proceeding; or,

Fourth: To cheat and defraud any person or any property by any means which are in themselves criminal, or by any means which, if executed, would amount to a cheat or to obtaining money or property by false pretenses; or,

Fifth: To commit any act injurious to the public health, to public morals or to trade or commerce, or for the perversion or obstruction of justice or the due administration of the laws, they are guilty of a misdemeanor. (2232 R. L. 1910)

Within discretion of court to permit state to show acts and declarations of defendants before offering evidence of conspiracy. Devore v. Terr., 2 Okla. 562; Wells v. Terr., 10 Okla. 437.

Parties are presumed to know consequences of their own acts. Reeves v. Terr., 10 Okla. Cr. 194.

Ex

Documents written by one defendant to another, having reference to the common object of conspiracy, are admissible in evidence. Parte Hayes, 6 Okla. Cr. 321, 118 Pac. 609.

Acts and declarations of one defendant prior to formation of conspiracy, are not admissible. Driggers v. U. S., 1 Okla. Cr. 167, 95 Pac. 612.

Slight evidence of collusion is all that is required to show conspiracy. Wells v. Terr., 10 Okla. 437; Ex parte Hayes, 6 Okla. Cr. 321, 118 Pac. 609; and is sufficient to admit acts and declarations of co-conspirators. Sturgis v. State, 2 Okla. Cr. 362, 102 Pac. 57; Wells v. Terr., 14 Okla. Cr. 436, 78 Pac. 124; Starr v. State, 5 Okla. Cr. 440, 115 Pac. 356; Conley v. State, 15 Okla. Cr. 532, 179 Pac. 480; Price v. State, 1 Okla. Cr. 358, 98 Pac. 447; Blanck v. State, 14 Okla. Cr. 339, 169 Pac. 1130.

"Conspiracy" is a combination of two or more persons by some concerted action to accomplish some criminal or unlawful purpose, or to accomplish some purpose not in itself criminal or unlawful, by criminal or unlawful means. Wishard v. State, 5 Okla. Cr. 611, 115 Pac. 796.

In case of conspiracy shown, the acts and assertions of one defendant is binding on all. Bowes v. State, 8 Okla. Cr. 278, 127 Pac. 883; Burnes v. State, 8 Okla. Cr. 554, 129 Pac. 657; Walker v. State, 11 Okla. Cr. 339, 127 Pac. 895; Irvin v. State, 11 Okla. Cr. 301, 146 Pac. 453.

Full discussion of all elements of conspiracy. Holmes v. State, 6 Okla. Cr. 541, 119 Pac. 430.

Information for conspiracy to violate liquor laws. Conley v. State, 15 Okla. Cr. 531, 179 Pac. 480.

Assault with a dangerous weapon (but not sufficient to produce death) does not make assailant a co-conspirator with another assailant who commits a homicide, unless there is an actual conspiracy shown. Scott v. State, 13 Okla. Cr. 225, 163 Pac. 553.

Section 3764, R. L. 1910, stays both civil and criminal process from interfering with "picketing," etc. Ex parte Sweitzer, 13 Okla. Cr. 154, 162 Pac. 1134.

Declarations of persons unconnected with defendant on trial, and not a part of the res gestae, are not admissible against defendant. Bauer v. State, 3 Okla. Cr. 529.

1072. Conspiracy Against the Peace of the State-If two or more persons, being out of this State, conspire to commit any act against the peace of this State, the commission or attempted commission of which, within this State, would be treason against the State, they are punishable by imprisonment in the State penitentiary not exceeding ten years. (2233 R. L. 1910)

1073. Overt Act Necessary-No agreement to commit a felony or to commit a misdemeanor amounts to a conspiracy, unless some act besides such agreement to be done to effect the object thereof, by one or more of the parties to such agreement. (2234 R. L. 1910)

1074. Conspiracy Against State-If two or more persons conspire either to commit any offense against the State of Oklahoma, or to defraud the State of Oklahoma in any manner or for any purpose, and if 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 more than ten thousand dollars ($10,000) or to imprisonment for not more than two years or to both fine and imprisonment in the discretion of the court or jury. (S. L. 1915, 621)