Evans v. People

Citations

• 90 Ill. 384

Syllabus

<p>1. Criminal law—conspiracy. In order to sustain a conviction for a conspiracy, the object of the conspiracy must be proved as laid in the indictment, and there must be more than one person shown to be guilty. It needs something more than proof of a mere passive cognizance of fraudulent or illegal action of others to show a conspiracy. There must be something showing active participation of some kind by the parties charged.</p> <p>2. On an indictment against A, B and C, for a conspiracy fraudulently to obtain from a prosecuting witness a sum of money by means of false pretenses, it is incumbent on the people to prove the conspiracy, as alleged, by clear and satisfactory evidence. If what B and C did, though imprudent and improper, was not done with a design to defraud the prosecutor, or done with a view to assist A to defraud him, and the subsequent acts of A were not done in pursuance of any previous understanding with B and 0, or done pursuant to their advice or direction, a conviction of A can not be sustained.</p> <p>3. Where A procured B to convey a lot to C, and C to give to A his three promissory notes for $2778, each of the same date and rate of interest, and maturing on the same day, secured by three separate deeds of trust on the lot, one for each note, and caused the deed to C and one deed of trust to be recorded, so that the record would show only one incumbrance for $2778, and by means of false pretenses sold two of the notes as first liens on the property, and then disposed of the other to D as collateral security for the loan of $2500, by means of similar false pretenses, the proof failing to show bad design or intent on the part of B or C in making the conveyance or notes and deeds of trust, or knowledge of the use A intended to make of them, or that they had any connection whatever with his fraudulent acts subsequently done, it was held, that a conviction of A for a conspiracy with B and C to defraud D, by means of false pretenses, could not be su