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· 6/1/1915

United States v. Rabinowich

Citations

  • 238 U.S. 78
  • 35 S. Ct. 682
  • 59 L. Ed. 1211
  • 1915 U.S. LEXIS 1645

Syllabus

<p>A conspiracy, having for its object the commission of an offense denounced by the Bankruptcy Act, is- not in itself an offense arising under that act within the meaning Of § 29a thereof, and the one year period of limitation prescribed by that section, does not apply.</p> <p>A conspiracy to commit a crime, as defined in and punished by § 37, Criminal Code (§ 5440, Rev. Stat.) is a different offense from the crime that is the object of the conspiracy.</p> <p>Mere conspiracy, without an overt act done in pursuance of it, is not criminally punishable under § 37, Criminal Code.</p> <p>Qucere, whether the crime of concealing from thp trustee, property belonging to the bankrupt estate, as defined in § 29b (1) of the Bank- • rupt Act can be perpetrated by any one other than a bankrupt or one who has received a discharge as such.</p> <p>In construing the criminal statutes involved in this action, this court attributes to Congress, in the absence of any inconsistent expression, a tacit purpose to maintain a long established and important distinction between offenses essentially different.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “[A] single conspiracy might have for its object the violation of two or more of the criminal laws.”
  • conspiracy is an “essentially different” offense because, inter alia, “[i]t involves deliberate plotting to subvert the laws, educating and preparing the conspirators for further and habitual criminal practices”
  • “The conspiracy, however fully formed, may fail of its object, however earnestly pursued; the contemplated crime may never be consummated; yet the conspiracy is none the less punishable.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Pitney, McReynolds

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Sourced from CourtListener / Free Law Project (CC0).

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