Territory v. Belliveau

Citations

• 24 Haw. 768
• 1919 Haw. LEXIS 45

Syllabus

<p>Conspiracy — indictment—allegations—means and object of conspiracy.</p> <p>Where the indictment charges a conspiracy to do an unlawful act it is unnecessary to set out the means by which the act was to be accomplished.</p> <p>Same — same—same—same.</p> <p>Thu reverse is true where the object of the conspiracy is not necessarily unlawful and the criminality of the conspiracy depends upon the unlawfulness of the means contemplated to accomplish the object. In such a case the rule is that the indictment must set out the means that the court may see that there is a criminal conspiracy.</p> <p>Trial — evidence—order of proof.</p> <p>The order of proof is a matter largely within the discretion of the trial court. Especially is this true in a prosecution for conspiracy where the facts are ordinarily complicated and involved.</p>