(c) Sailors.-A combination of sailors' boarding-house keepers not to ship any seamen at the office of certain notaries is a conspiracy. (Emmanuel's case, 6 C. H. Rec., 33; People v. Melvin, 2 Wh. Cr. C., 262; People v. Fisher, 14 Wend., 9; Van Mater v. Babcock, 23 Barb., 633.) In 1827 an indictment did not lie for a conspiracy to cheat and defraud another by indirect means. (Lambert v. People, 9 Cow., 578.) -- (d) Must be to commit a crime. Unless the conspiracy was to commit a crime the indictment should particularly set forth the means intended to be used by the conspirators, and show them to be criminal. (People v. Eckford, 7 Cow., 535.) (e) Fraud.-An agreement between three persons to obtain goods by fraud and false representations is an indictable conspiracy. (Lewis' case, 5 C. H. Rec, 129.) (ƒ) Unlawful act.-A confederation to do some act known to be unlawful must be shown. (McDermut's case, 4 id., 12.) (g) Inference of confederation.-Any combination between two or more persons is a conspiracy when a crime is intended, whether successfully or not, and confederation may be inferred from all the circumstances. (Storm's case, 1 id., 169; Adams v. People, 9 Hun, 89.) (h) Deceased person.-A prisoner may be convicted of a conspiracy with a deceased person. (People v. Olcott, 2 Johns. Cas., 301.) (i) Overt act.- No overt act necessary to constitute the crime. (People v. Mather, 4 Wend., 229; Com. v. Putnam, 29 Penn. State, 296; State v. Rickey, 4 Halst., 293; Alderman v. People, 4 Mich., 414; State v. Ripley, 31 Me., 386; Huzen v. Com., 23 Penn. St, 355; Isaacs v. State, 48 Miss., 234.) (j) "Particeps criminis."-All who accede to a conspiracy are guilty. (People v. Mather, 4 Wend., 229.) (k) Overt act and conspiracy. If the agreement be entered into in one county, and the overt act be committed in another, the conspirators may be indicted in the latter county. (Id.) (1) Venue.-The venue may be laid in either. (Id.) An indictment for conspiracy must allege that some specific act of a criminal nature was agreed to be performed, or that some lawful act was to be compassed in an unlawful manner. (Cromwell's case, 3 C. H. Rec., 34.) (m) Obtaining goods by conspiracy. - An indictment for conspiracy to obtain goods is maintainable, though it does not set forth the means used. (Schollz's case, 5 C. H. Rec., 112; 2 Wh. Cr. Cas., 617.) (n) Suppression of evidence.-In an indictment for a conspiracy, charging the suppression of evidence, etc., it is enough to prove that propositions of a corrupt nature were made to witness without showing the acceptance of them. (People v. Chase, 16 Barb., 495.) (0) Unlawful intent. circumstances of the case. The unlawful intent is to be inferred from all the (People v. Brad, 2 Wh. C. C., 219; People v. Mosher, Id., 246; People v. Powell, 63 N. Y., 88; 5 Hun, 169.) (p) Indictment. — An indictment alleging a conspiracy to do an unlawful act to the prejudice of the people generally is enough. (Malone's case 2 C. H Rec, 22.) 69 (9) Proof of overt act.-To convict of a conspiracy it is not necessary to prove an overt act in pursuance of it. (Duprey's case, 4 id., 121.) ( r ) Trial. — On the trial, on an indictment for a conspnacy to obtain a check, it is immaterial whether it was paid or not. (Robbins' case, 4 id., 1.) (8) Clerk and employer.-A clerk may be convicted for a conspiracy with his employer. (Id.) (t) With persons unknown. On an indictment charging a conspiracy with A., and other persons unknown, it is enough to prove a conspiracy with any person other than A. (Duprey's case, 4 C. H. Rec., 121.) (u) Cheating and defrauding. — On an indictment to cheat and defraud, the judgment should be several, and not joint. (March v. People, 7 Barb., 391.) (v) Act innocent in itself. To make an agreement between two or more parties to do an act, innocent in itself, a criminal conspiracy, it is not enough that the act is prohibited by statute, but the agreement must have been entered into with criminal intent. (People v. Powell, 63 N. Y., 88; 5 Hun, 169.) (2) Conspiracy to counterfeit. —(Malone's case, 2 C. H. Rec., 22.) (x) Fraudulent combination to extort money.- A fraudulent combination to extort money by commencing suits against a person is indictable as a conspiracy. (Leggett v. Postley, 2 Paige, 599.) (y) Fellow conspirators; new parties. Whenever a new party concurs in the plans originally formed, and comes in to aid in their execution, he becomes a fellow conspirator. (2 Esp. Cas., 719; People v. Mather, 4 Wend., 229.) $169. Conspiracies against peace, etc. 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 a state prison not exceeding ten years. New. § 170. No other conspiracies punishable. No conspiracy is punishable criminally unless it is one of those enumerated in the last two sections, and the orderly and peaceable assembling or co-operation of persons employed in any calling, trade or handicraft for the purpose of obtaining an advance in the rate of wages or compensation, or of maintaining such rate, is not a conspiracy. 3 R. S., 971, §§ 8, 9; 2 R. S. (Edm.), 714, § 9. (a) Combination of journeymen. A combination of journeymen which attempts by threats and fines to coerce workmen to join in a strike," is a conspiracy. (People v. Melvin, Yates' S. C., 111; 2 Whar. C. C., 262; People v. Fisher, 14 Wend., 9.) (b) Trades unions. - A trades union not indictable unless they interfere with the rights of those not members. (Master Stevedores' Ass. v. Walsh, 2 Daly, 1: Laws 1870, ch. 119.) § 171. Overt act, when necessary. No agreement except to commit a felony upon the person of another, or to commit arson or burglary, amounts to a conspiracy, unless some act beside such agreement be done to effect the object thereof, by one or more of the parties to such agreement. 3 R. S., 971, § 10; 2 R. S. (Edm.), 714, § 10; 2 Whar. Cr. L., § 1382. (a) Agreement to do an unlawful act. - Held, that the crime of conspiracy to effect an unlawful act is perfect when the agreement to do the act is concluded. No overt act need be shown. (People v. Mather, 4 Wend., 229; Morgan's abduction case.) (b) Indictment for conspiracy. — Under the Revised Statutes an indictment in all cases for conspiracy, except agreements to commit a felony upon the person of another, or to commit arson or burglary, must contain a charge of one or more overt acts, some one of which must be moved upon the trial. (People v. Chase, 16 Barb., 495.) (c) No overt act need be proved. To convict of a conspiracy it is not necessary to prove any overt act in pursuance of it. (Duprey's case, 4 C. H. Rec., 121.) TITLE IX. OF CRIMES AGAINST THE PERSON. CHAPTER I. Suicide. II. Homicide. III. Maiming. IV. Kidnapping. V. Assaults. VI. Robbery. VII. Duels and challenges. VIII. Libel. CHAPTER I. SUICIDE. SECTION 172. Suicide defined. 173. No forfeiture imposed for suicide. 174. Attempting suicide. 175. Aiding suicide. 176. Abetting an attempt at suicide. 177. Incapacity of person aided, no defense. 178. Punishment of attempting suicide. § 172. Suicide defined.— Suicide is the intentional taking of one's own life. New. Although sui § 173. No forfeiture imposed for suicide. cide is deemed a grave public wrong, yet from the impossibility of reaching the successful perpetrator, no forfeiture is imposed. 3 R. S., 994, § 42; see § 710, post; Com. v. Mink, 223 Mass., 422; R. v. Moody, 6 Cox C. C., 463; R. v. Burgess, L. & C., 258; 9 Cox C. C., 247. § 174. Attempting suicide.-A person who, with intent to take his own life, commits upon himself any act dangerous to human life, or which, if committed upon or towards another person and followed by death as a consequence, would render the perpetrator chargeable with homicide, is guilty of attempting suicide. New. (See § 22, ante; Rex v. Doody, 6 Cox C. C., 463; Com. v. Dennis, 105 Mass., 162.) § 175. Aiding suicide. A person who willfully, in any manner, advises, encourages, abets or assists another person in taking the latter's life, is guilty of manslaughter in the first degree. 3 R. S., 932, § 7; 2 R. S. (Edm.), 680, § 7; Blackburn v. State, 23 Ohio St., 146; Com. v. Boncu, 13 Mass., 356. To counsel another to commit suicide, and he does commit it in consequence thereof, the counselor is guilty of murder. (Com. v. Bowen, 2 Whar. Cr. C., 226.) The presumption of law is that the criminal advice has the influence and effect intended by the adviser. (Id.) § 176. Abetting an attempt at suicide. A person who willfully, in any manner, encourages, advises, assists or abets another person in attempting to take the latter's life, is guilty of a felony. New. (Blackburn v. State, 23 Ohio St., 146; Com. v. Bowen, supra.) § 177. Incapacity of person aided no defense. It is not a defense to a prosecution under either of the last two sections, that the person who took, or attempted to take, his own life, was not a person deemed capable of committing crime. New. Every per § 178. Punishment of attempting suicide. son guilty of attempting suicide is guilty of felony, punishable by imprisonment in a state prison not exceeding two years, or by a fine not exceeding one thousand dollars, or both. New. (Blackburn v. State, 23 Ohio St., 146.) CHAPTER II. HOMICIDE. SECTION 179. Homicide defined. 180. Different kinds of homicide. 181. What proof of death is required. 182. Common-law petit treason is homicide. 184. Murder, second degree. 185. Duel fought out of this state. 186. Punishment of murder in first degree, how punished. 187. Murder in second degree, how punished. 188. Manslaughter defined. 189. Manslaughter in the first degree. 190. Killing unborn quick child. 191. Killing unborn quick child, by administering drugs, etc. 192. Manslaughter in first degree, how punished. 193. Manslaughter in second degree. 194. Women taking drugs, etc. 195. By negligent use of machinery. 196. Owner of animals. 197. Killing by overloading passenger vessel. 198. Liability of persons in charge of steamboats. 199. Liability of persons in charge of steam engines. 200. Liability of physicians. 201. Liability of persons making or keeping gunpowder contrary to law. 202. Punishment of manslaughter in second degree. 203. Homicide, when excusable. 204. Justifiable homicide. 205. Justifiable homicide. § 179. Homicide defined. - Homicide is the killing of one human being by the act, procurement or omission of another. 3 R. S., 932, § 1; 2 R. S. (Edm.), 677, § 4. (a) Malice. Homicide is presumed to be malicious until the contrary appears. (People v. McLeod, 1 Hill, 377; People v. Kirby, 2 Park., 28.) (b) Committed by one of several.- If a homicide is committed by one of several persons, in the prosecution of an unlawful purpose or common. design, in which the parties have united, and to effect which they have assembled, all are liable to answer criminally for the act; and if such homicide, committed within the common purpose, is murder, all are guilty of murder (Ruloff v. People, 45 N. Y., 213; Slepp v. State, 11 Ind., 62; People v. Woody, 45 Cal., 289; State v. Anthony, 1 McCord, 285; People v. Pool, 27 Cal., 572; U. S. v. Ross, 1 Gallis, 624; People v. Vasquer, 49 Cal., 560; People v. Geiger, Id., 643; State v. Nash, 7 Ia., 347; Clein v. State, 33 Ind., 418; People v. Knapp, 26 Mich., 106.) |