Commonwealth v. Haun

Citations

• 27 Pa. Super. 33
• 1904 Pa. Super. LEXIS 383

Syllabus

<p>Criminal law — Conspiracy—Indictment—Act of March 31, 1860, sec. 88, P. L. 382.</p> <p>An indictment lies not only where a conspiracy is entered into for an illegal purpose but also where it is to effect-a legal purpose by the use of unlawful means; and this, although such purpose be not effected. Where the object itself is unlawful, the means by which it is to be accomplished are not material ingredients in the offense; and,, therefore, in such a case it is never necessary to set them forth. The offense is complete the moment the conspiracy is made, whether any acts be done in pursuance of it or not. Such acts form no part of the offense and the statement of them in the indictment is but surplusage. It is by no means necessary that the object to be accomplished should be malum in se. It is sufficient if it be made criminal or even prohibited under penalties by statute.</p> <p>An indictment which charges that a prisoner and his confederates with force and arms, “being persons of evil minds and dispositions, unlawfully and wickedly did conspire, combine, confederate and agree together to make an assault with wicked intent,” to cause and procure a certain woman named “pregnant or quick with child, then and there to miscarry, abort and bring forth” a child with which she was pregnant, dead, to the great damage of the said woman, etc., is sufficient, although it does not charge that anything was done in pursuance of the conspiracy.</p> <p>In such a case a sentence less than the maximum prescribed in the act for the crime is not illegal.</p> <p>Criminal law — Charge of court — Harmless error.</p> <p>An appeal in a criminal case will not be reversed because the court committed error in the portion of its charge relating to certain counts of the indictment upon which the defendants were found not guilty.</p>