New York Court of Appeals

The People of the State of New York, Plaintiffs in Error v. Stephen H. Powell, Defendants in Error

November 9, 187563 N.Y. 88

Summary

The Court of Appeals affirmed the lower court’s reversal of the defendants’ conspiracy convictions, holding that a criminal conspiracy requires a corrupt intent, not merely an agreement to commit an act that is illegal. The indictment was invalid because it failed to allege an overt act to effect the object of the conspiracy. The Court rejected the trial judge’s instruction that ignorance of the law could not excuse liability.