The Waterbury Democrat., 1939-08-15

' the crime of conspiracy may be complete when the combination for an unlawful purpose is formed, and the conspirators are guilty of the crime of conspiracy even though they are prevented from going on to do that which they had planned, nevertheless, if they do, go on and commit certain acts in pursuance of the conspiracy, then they are held to be in the process of com hitting the crime of conspiracy up to the time that the last overt act done in pursuance of the general plan of the conspiracy is completed, That is what we mean when we say that the crime of conspiracy is a continuing offense.
 Become Members
 Now from all this you can see that it is entirely possible to have situation where two or more per- sons originally combine to accom- plish an unlawful purpose by the doing of 8 long series of unlawful acts. This may constitute a single conspiracy. As they go along the original conspirators may find it advisable to take others into the scheme for the purpose of using them to perform some of the unlaw- full acts which are incidental to the scheme. If those other persons do come into the scheme even though it is only for the pur- pose of doing a single act which is in furtherance of the conspiracy, they then become members of the conspiracy. And when such new corners do so join up with con- spiracy, they are just as much guilty of the crime of conspiracy as they would be if they had been members of the confederation from the beginning.
 A conspiracy is like a partner ship in that each member of the conspiracy is chargeable with and responsible for all the acts of all of the other members of the con- spiracy which are done in further ance of the purposes of the combina- tion. Each conspirator is responsible for all acts comimtted by the other conspirators in the execution of the common design, if such acts are the natural or probable consequences of the unlawful combination. This is true whether he specifically author ized the doing of those acts or not or whether he actually knew that the specific acts were going to be done In contemplation of the law, the act of each conspirator is the act of all of them, provided 1t was done in pursuance of the general plan of the conspiracy and was the natural or probable consequence of the con- spiracy.
 Chargeable
 This liability extends to presons who became members of a con- spiracy after it is formed. Even though a man joins a conspiracy after it is well started, if he does become member at any time, while the conspiracy Is continuing, he then becomes chargeable with all of the acts of the other conspirators done in pursuance of the conspiracy which have been done before he joints or which are done after he joins, to just the same extent that he would have been if he had been member of the conspiracy from the beginning. But, let me make it plain, conspirator whether he was one of the original members of the conspiracy, or i5 one who joined the conspiracy later on, is not responsi- ble for any act of 8, co-conspirator which is outside of the common pur- pose and which is not a natural or probable conseqeunce of the carry ing out of the common design.
 Membership
 We have been talking about a man joining a conspiracy or becom- ing member of conspiracy. Now the question arises as to what a person has to do in order to become a member of a conspiracy. Of course, person may become a member of a conspiracy by (with criminal intent as have defined that term to you) expressly agree ing with another or with others to confederate or combine to accom- plish an unlawful purpose or do an unlawful act. But 1t is not essen- tial that there be an express agreement. It is enough if there be an implicit understanding be- tween two or more persons which produces concert of action between them toward the doing of an un- lawful act. If two or more persons by reason of some understanding between or among them, each with criminal intent, unite to do an ur1- lawful act together or to do various things separately which things are done to accomplish purpose which is unlawful then each and all of them are members of a conspiracy. And so it is with reference to one who it is claimed has joined a con- spiracly after 1t was first organized, if any one, knowing that afcombi- nation between at least two others to accomplish an unlawful purpose Is in existence, does any act which is calculated and intended to aid in the accomplishment of the unlaw- full purpose then he thereby be- comes member of the conspiracy. Mere knowledge that others are op- erating in conspiracy and aqui- essence in the conspiracy does not make one a member of the conSpir- acy. There must be some act, either the act of agreeing to the combina- ton or an act done in furtherance of the conspiracy. But any person who takes an active part in a con- spiracy whether as a party to the agreement or by wilfully doing an act in furtherance of the common design is member of the conspir- acy and guilty of crime
 Must Disclose
 Although, as I have just said, @ man does not ordinarily become a guilty member of conspiracy sim ply because he knows that others have conspired and are doing un- lawful acts and does nothing about 1t. If, however, he is in a position where the law imposes on him the Ilttu tn Al 70