Pettibone v. United States

Citations

• 148 U.S. 197
• 13 S. Ct. 542
• 37 L. Ed. 419
• 1893 U.S. LEXIS 2223

Syllabus

<p>In a prosecution for conspiracy, corruptly and by threats, and force to obstruct the due administration of justice in a Circuit Court of'the-United States, the combination of minds for the unlawful purpose and the overt act in effectuation of that purpose must appear charged in the indictment.</p> <p>A conspiracy is sufficiently described as a combination of two or more persons, by concerted action, to accomplish a criminal or unlawful purpose, or some purpose not in itself criminal or unlawful by criminal or unlawful means.</p> <p>When the criminality of a conspiracy consists in an unlawful agreement of two or more persons to compass or promote.some criminal or,illegal purpose, that purpose must be fully, and clearly stated in the indictment; 'while if the criminality of the offence consists in tlie agreement to ' accomplish a purpose -not in itself criminal or unlawful, by criminal or unlawful means, the means must be set out.</p> <p>' An indictment against a person for corruptly or by threats or force endeavoring- to influence, intimidate, or impede a witness or officer in’a court of the United States in the discharge of his duty, must charge knowledge or notice, or set x>ut facts that show knowlédge or notice, on the .part of the accused that the witness or officer was such.</p> <p>A person is not sufficiently- charged in such case with obstructing or impeding the due administration of justice in a court, unless it appear that he knew, or had -notice that justice was being administered in such court.</p>