References: [1846] EngR 1219, (1847) 9 QB 824, (1846) 115 ER 1491
Links: Commonlii
A count in an indictment is good which simply charges that defendants, unlawfully, &c., did conspire, combine, confederate and agree together, by divers false pretences and indirect means to cheat and defraud R. of his moneys. Where an indictment for conspiracy Contains several counts, if only a single conspiracy be proved, the verdict may nevertheless be taken on so many of the counts as describe the conspiracy consistently with the proof. In the course of proving a conspiracy to defraud, carried into effect by prevailing upon the prosecutor to accept bills, a warrant of attorrney, given to him for the purpose of inducing him to accept, reciting the acceptance may be given in evidence though unstamped. An indictment for conspiring to defraud the the prosecutor may be supported by proof of a conspiracy to obtain his acceptances, though the prosecutor part with no money, and though he never has intended to take up the acceptances, and though the bills were never in his hands except for the purpose of his accepting. Where all of several defendants in an indictment for conspiracy are found guilty, if one of them shew himself entitled to a new trial on grounds not affect ing the others, the new trial will nevertheless be granted as to all.
