The brothers Walter and
Daniel Pinkerton were accused of violations of the Internal Revenue
Code, and while Walter Pinkerton was charged with conspiracy and 9 other
crimes, his brother Daniel appealed to say that only his brother had
conspired, and he had been unjustly accused of conspiracy (only had 6 substantial crimes). It
was said in the CERTIORARI TO THE CIRCUIT COURT OF APPEALS - FOR THE
FIFTH CIRCUIT in the Syllabus: That when someone is accused of
conspiracy, and also has other crimes, the crimes are not added to the
conspiracy and are judged separately. After much
deliberation and analysis of other cases, finally, the Court decided
that when the accused are united in a conspiracy, the substantive crimes
they committed, to achieve that conspiracy, can be added to all the
accused, only if they were all accused. part of the conspiracy, when they committed the added crimes.
