State v. Mardesich

Citations

• 79 Wash. 204
• 140 P. 573
• 1914 Wash. LEXIS 1223

Syllabus

<p>Conspiracy — Information—Sufficiency. An information charging the defendants with conspiring together for the purpose of preventing any person or persons from fishing for herring in the open waters of Puget Sound, except such persons as might agree to join with them, and by threats, force and intimidation did prevent other persons from fishing and' from the use of their property, charges a conspiracy under Rem. & Bal. Code, § 2382, subd. 5, making it unlawful to conspire to prevent another from exercising any lawful trade or calling or interfering with the use of property employed therein; and it was not necessary to name the persons conspired against, or to aver that they were citizens of the state and qualified to engage in the business of fishing.</p> <p>Criminal Law — Venue—Conspiracy. Upon a conspiracy entered into in Jefferson county, to prevent others from engaging in fishing for herring in the open waters of Puget Sound within the boundaries of Jefferson, Island, and Whatcom counties, the venue may be properly laid in Whatcom county, where, after entering into the agreement, the defendants entered Whatcom county and there committed an overt act in pursuance of the conspiracy.</p> <p>Conspiracy — Overt Acts. A conspiracy to prevent others from engaging in fishing is complete when the agreement is made, and it is not necessary to prove an overt act.</p> <p>Conspiracy — Evidence—Admissibility—Overt Acts. Upon the charge of a conspiracy to prevent others from engaging in fishing, evidence that defendants, in pursuance thereof, prevented white men from fishing within the boundaries of an Indian reservation, is admissible as showing an overt act and that the conspiracy continued up to that time.</p> <p>Conspiracy — Overt Acts — Force—Threats. Upon a charge of conspiracy to prevent others from engaging in fishing, overt acts in pursuance thereof need not be characterized by force, since such acts may be by threats, intimidation, or interfering or threatening to