AJ 014 Lecture Notes - Lecture 17: W. M. Keck Observatory, Zacarias Moussaoui, Abet
Document Summary
Pinkerton v. us (ussc, 1946) j. douglas, opinion. Facts and ph: pinkerton brothers, (walter and daniel), live a short distance from each other on daniel"s farm. They were indicted for violations of the internal revenue code with 10 substantive counts and one conspiracy count. The jury found walter guilty on 9 substantive counts and on the conspiracy count, and daniel guilty of 6 substantive and the conspiracy count. Each of the substantive offenses was committed pursuant to the conspiracy. Daniel claims there was insufficient evidence to implicate him in the conspiracy. However, there was enough evidence to submit the issue to the jury. However, there is no evidence to show that daniel participated directly in the commission of the substantive offenses, although there was evidence that walter committed the offenses in furtherance of the conspiracy. Argument: conspiracy is not enough to sustain a conviction for a substantive offense even if committed in furtherance of the conspiracy.