Pinkerton v. United States

Pinkerton v. United States
F.2d 499 (5th Cir. 1945); cert. granted, 327 U.S. 772 (1946).
Subsequent	Rehearing denied, 329 U.S. 818 (1946).
Holding
When a defendant is joined in a conspiracy, substantive crimes committed to advance that conspiracy can be charged to all defendants as long as they are still part of the conspiracy when those crimes are committed.
Court membership
Chief Justice vacant Associate Justices Harold H. Burton
Case opinions
Majority	Douglas
Concur/dissent	Rutledge, joined by Frankfurter
Jackson took no part in the consideration or decision of the case.

Pinkerton v. United States, 328 U.S. 640 (1946), is a case in the

History

Walter and Daniel Pinkerton both lived separately on Daniel Pinkerton's farm. They were indicted for violations of the Internal Revenue Code. Walter Pinkerton was found guilty of nine counts of violating the tax code and one count of conspiracy. His brother Daniel was found guilty of 6 substantive counts of violating the tax code and one count of conspiracy. Daniel Pinkerton appealed, claiming that because only his brother had committed the substantive crimes he was incorrectly convicted. The actual crime committed may have been moonshining and the government chose to prosecute for tax evasion. They were suspected of "unlawful possession, transportation and dealing of whiskey.^[2]

Issue

At issue is whether a defendant can be held liable for substantive crimes committed by another in the furtherance of a conspiracy in which they are joined.

Holding

The Court held that when a defendant is joined in a conspiracy, substantive crimes committed to advance that conspiracy can be charged to all defendants as long as they are still part of the conspiracy when those crimes are committed.

See also

• List of United States Supreme Court cases, volume 328

References