David Josiah Brewer

“ Of course, I do not mean to claim that if a number are engaged in a single unlawful undertaking, and one of them steps aside and commits an entirely independent crime, all are responsible for that; but I do insist that if all are engaged in an unlawful undertaking, and while so engaged, and in carrying out that undertaking, one commits an additional offense, not within the actual thought and intent of his co-conspirators, all are guilty of that additional offense. ”

“ And, in like manner, where parties conspire and combine to do an unlawful act, and in carrying that unlawful purpose into execution they do in fact violate a statute, of whose terms they may be ignorant, and therefore one which they did not intend to violate, they are, in law, guilty of its violation, and may be punished accordingly. ”

“ That was an indictment for a conspiracy, and the conspiracy charged was to induce, aid, counsel, procure, and advise certain election officers of the state of Indiana to unlawfully neglect and omit to perform the duties of the election laws of that state. The indictment, it is true, described the election as one at which a congressman was to be elected, but did not charge any intent or conspiracy to do anything affecting the election of such congressman ”