CONSPIRACY (Lat. con, together, to breathe). In Criminal Law. A comination 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. 2 Mass. 337, 538; 4 Mete. Mass. 111; 4 Wend. N. Y. 229; 15 N. H. 396 ; 5 Harr. & J. Md. 317 ; 3 Serg. & R. Penn. 220; 12 Conn. 101; 11 Clark & F. Hou. L. 155; 4 Mich. 414.
2. The terms criminal or unlawful are used, because it is manifest that many acts are unlawful which are not punishable by indictment or other public prosecution, and yet there is no doubt that a combination by numbers to do them is an unlawful con spiracy and punishable by indictment. 12 Conn. 101; 15 N. H. 396; 1 Mich. 216 ; 'Dearsl. Cr. Cas. 337; 11 Q. B. 245 ; 9 Penn. St. 24; 8 Rich. So. C. 72; 1 Dev. No. C. 357. Of this character was a conspiracy to cheat by false pretences without false tokens, when a cheat by false pretences only by a single person was not a punishable offence. 11 Q. B. 245. So a combination to destroy the re putation of an individual by verbal calumny, which is not indictable. Per Shaw, C. J., 4 Metc. Mass. 123. So a conspiracy to induce and persuade a young female, by false repre sentations, to leave the protection of her parent's house, with a view to facilitate her prostitution. 5 Watts & S. Penn. 461 ; 2 Den. Cr. Cas. 79. And see 5 Rand. Va. 627 ; 6 Ala. N. s. 765; 2 Yeates, Penn. 114. So a con spiracy by false and fraudulent representa tions that a horse bought by one of the de fendants from the prosecutor was unsound, to induce him to accept a less sum for the horse than the agreed price. 1 Dearsl. Cr. Cas. 337. A conspiracy by traders to dispose of their goods in contemplation of bankruptcy, with intent to defraud their creditors. 1 Fost. & F. Cr. Cas. 33.
3. The obtaining of goods on credit by an insolvent person without disclosing his in solvency, and without having any reasonable expectation of being able to pay for such goods in and by means of the fair and ordi nary course of his business, is not of itself such an unlawful act as may be the subject of an action for conspiracy; though it 'would be otherwise, it seems, in the case of a purchase made without any expectation of payment. 1
Cush. Mass. 189. But the obtaining posses sion of goods under the pretence of paying cash for them on delivery, the buyer know ing that he has no funds to pay with, and appropriating the goods to his own use in fraud of the seller, is such a fraud or cheat as may be the subject of a charge of con spiracy. 1 Cush. 189.
4. A combination to go to a theatre to hiss an actor, 2 Campb. 369 ; 6 Term, 628 ; to indict for the purpose of extorting money, 4 Barnew. & C. 329 ; to charge a person with being the father of a bastard child, 1 Salk. 174 ; to coerce journeymen to demand a higher rate of wages, 6 Term, 619 ; 14 Wend. N. Y. 9; to charge a person with poisoning another, F. Moore, 816; to affect the price of public stocks by false rumors, 3 Maule & S. 67 ; to prevent competition at an auction, 6 Carr. & P. 239, have each been held indictable.
In order to render the offence complete, it is not necessary that any act should be done in pursuance of the unlawful agreement entered into between the parties, or that any one should have been defrauded or injured by it. The conspiracy is the gist of the crime. 2 Mass. 337, 538 • 6 id. 74; 7 Cush. Mass. 514; 3 Serg. & R. ienn. 220; 8 id. 420; 23 Penn. St. ; 4 Wend. N. Y. 259; 1 Heist. N. J. 293; 3 Zabr. N. J. 33 ; 3 Ala. 360 ; 5 Harr. & J. Md. 317. But see 10 Vt. 353.
5. By the laws of the United States, st. 1825, c. 76, 23, 3 Story, Laws U. S. 2006, a wilful and corrupt conspiracy to cast away, burn, or otherwise destroy any ship or vessel, with intent to injure any underwriter thereon, or the goods on board thereof, or any lender of money on such vessel on bottomry or re spondentia, is made felony, and the offender punishable by fine not exceeding ten thou sand dollars, and by imprisonment and con finement at hard labor not exceeding ten years.
Consult Russell, Crimes, • Greaves ed.; Gabbett, Crim. Law; 2 Bishop; Crim. Law, N 149-202.