 |
Wiki Law School will soon be moving! Please update your bookmarks. Our future address is www.wikilawschool.org |
Pinkerton v. United States
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
| Pinkerton v. United States | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | 328 U.S. 640, 66 S.Ct. 1180, 90 L.Ed. 1489 |
| Date decided | June 10, 1946 |
| Appealed from | 5th Circuit |
Facts
- Pinkerton & his brother lived on a farm in rural Alabama
- The 2 brothers conspired to buy whiskey in a wet county in the state & sell it illegally in a dry county
- The brothers also conspired to evade paying excise taxes related to their illegal sales
- Suddenly, 1 brother was imprisoned for un-related crimes
Procedural History
- A federal grand jury charged both brothers (free & imprisoned) of violating tax laws, conspiracy, and other offenses.
- It was shown that both brothers had conspired but only the free 1 (not imprisoned) was guilty of substantive offenses.
- The jury convicted both brothers of conspiracy & substantive offenses.
- The protests of the imprisoned brother who hadn't carry out any offenses were ignored by the jury.
- Both Pinkerton brothers lost & faced the same sentencing.
- The 5th Circuit affirmed the convictions of the protesting imprisoned brother.
Issues
Is a defendant (imprisoned brother) who engages in no criminal conduct after entering a conspiracy vicariously liable for substantive offenses committed by a co-conspirator (the free brother) in furtherance of the conspiracy?
Arguments
The imprisoned brother argued that he wasn't liable for anything other than the conspiracy charge.
