Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1890-07-25
Conspiracy.
Provisions OF THE PENAL CODE.

frOtfciONc Or TIE PENAL CODk-
Act 3lst March, 1860; Binn's Justice;
Pages go and 251.
SEC. 127. If any two or more persons
shall cunspire or agree, falsely and
maliciously, to charge or indict any ether
person, or cause or procure him to be
charged or indicted in any court of Grim
inal jurisdiction, the person so offending
shall be guilty of misdemeanor, and on
conviction be sentenced to pay fine not
exceeding one thousand dollars, and to
undergo an Imprisonment either at labo
By separate or solitary confinement, or t.
simple imprisonment, not exceeding three
years, at the discretion Of the court.
SEC. l2s. If two or more persons shall
falsely and maliciously eonspire, and agree
to cheat and defraud any person, or body
corporate, of his or their moneys, goods,
chattels or other property, or to do any
other dishonest, malicious and unlawful
act, to the prejudice of another, they shall
be guilty of q misdemeanor, and, on con-
viction, be sentenced to pay fine not ex-
ceeding five hundred dollars, and to under
go an imprisonment by separate or solitary
confinement at labor, or by simple i'm
prisonment, not exceeding two years.
JUDICIAL DECISIONS.
SEC. l. The offence of conspiracy,
according to all the authorities, consists
not in the accomplishment of any unlaw-
full or injurious purpose, nor in any one act
moving towards that purpose, but in the
actual concert and agreement of two or
more persons to effect something, which
being so concerted and agreed, the law
regards as the object of an indictable con-
spiracy.
SEC. 2. The gist of conspiracy is the
unlawful confederacy to do an unlawful
act, or a lawful act for an unlawful pur-
pose and the offence is complete when the
confederacy is made.
SEC. 3. All who accede to a conspiracy
after it is formed and while it is in exc
cutior, and all who, with knowledge of the
facts, concur in the plans originally form
ed, and aid in executing them are fellow
conspirators. Their concurrence, without
proof of an agreement to concur, Is con-
clusiye against them. They commit an
offence when they become parties to the
transaction or further the original plan.
SEC. 4. A combination is conspiracy in
law, whenever the oct to be done has
necessary tendency to prejudice the pub
lie, or oppress individuals by unjustly sub
jecting them to the power of the confeder-
ates, and giving effect to the purposes Of
the latter, whether of extortion or mis-
chief
SEC. 5. A conspiracy to publish libel
or to defame by spoken words, not action
able as slander, would be equally subject
of prosecution by indictment.
Any person offending as is set forth in
any OF the above sections shall be guilty OF
misdemeanor, and on conviction be sen
fenced to pay fine, not exceeding five
hundred dollars, and to undergo an i'm
prisonment by separate or solitary confine-
ment at labor, or by simple imprisonment,
not exceeding two years, either or both at
tho discretion of the court.
1t would be well for persons before using
slanderous words to defame man in his
reputation, profession or livelihood to care
fully examine the 9th section of the above
article. J. It.