pinkerton argued may decided june rehearing denied see john tucker birmingham petitioners marvin smith washington respondent justice douglas delivered opinion walter daniel pinkerton brothers live short distance daniel farm indicted violations internal revenue code indictment contained ten substantive counts one conspiracy count jury found walter guilty nine substantive counts conspiracy count found daniel guilty six substantive counts conspiracy count walter fined sentenced generally substantive counts imprisonment thirty months conspiracy count given two year sentence run concurrently sentence daniel fined sentenced generally substantive counts imprisonment thirty months conspiracy count fined given two year sentence run concurrently sentence judgments conviction affirmed circuit appeals case petition writ certiorari granted one questions presented involved conflict decision sall decided circuit appeals third circuit single conspiracy charged proved overt acts charged conspiracy count acts charged substantive counts substantive offenses found committed pursuant conspiracy petitioners therefore contend substantive counts became merged conspiracy count single sentence exceeding maximum penalty provided conspiracy statute criminal code imposed state matter differently contend substantive counts became separate conspiracy count since single conpsiracy charged proved single sentence conspiracy imposed rely braverman braverman case indictment charged substantive offense several counts charged conspiracy violate different statute one conspiracy proved held single conspiracy charged general conspiracy statute however diverse objects may violates single statute penalty greater maximum provided one conspiracy may imposed case apposite offenses charged proved conspiracy substantive offenses well accept proposition substantive offenses merged conspiracy course instances conspiracy charge may added substantive charge one agreement two persons necessary completion substantive crime ingredient conspiracy present completed crime see katz gebardi another definition substantive offense excludes punishment conspiracy one voluntarily participates another crime gebardi supra exceptions limited character common law rule substantive offense felony merged little vitality country long consistently recognized commission substantive offense conspiracy commit separate distinct offenses power congress separate two affix different penalty well established clune conviction conspiracy may though substantive offense completed see heike plea double jeopardy defense conviction offenses carter mcclaughry identity offenses fatal see gavieres cf freeman conspiracy partnership crime oil ingredients well implications distinct completion unlawful project stated rabinowich two confederate combine together commit cause committed breach criminal laws offense gravest character sometimes quite outweighing ij ury public mere commission contemplated crime involves deliberate plotting subvert laws educating preparing conspirators habitual criminal practices characterized secrecy rendering difficult detection requiring time discovery adding importance punishing discovered see sneed banghart moreover material overt acts charged conspiracy counts also charged proved substantive offenses stated sneed supra page overt act offense object conspiracy also punished double punishment agreement unlawful act even distinct act contended insufficient evidence implicate daniel conspiracy think enough evidence submission issue jury however evidence show daniel participated directly commission substantive offenses conviction although evidence show substantive offenses fact committed walter furtherance unlawful agreement conspiracy existing brothers question submitted jury theory petitioner found guilty substantive offenses found time offenses committed petitioners parties unlawful conspiracy substantive offenses charged fact committed furtherance daniel relies sall supra case held participation conspiracy enough sustain conviction substantive offense even though committed furtherance conspiracy held addition evidence offense fact committed furtherance conspiracy evidence direct participation commission substantive offense evidence participation might fairly inferred necessary take different view continuous conspiracy evidence affirmative action part daniel necessary establish withdrawal hyde stated case joined unlawful scheme constituted agents performance scheme agency continuous full fruition secured act disavow defeat purpose situation claim delay law offense terminated accomplished still offending think consciously offending certainly said first moment confederation consciously every moment existence page page long partnership crime continues partners act carrying forward settled overt act one partner may act without new agreement specifically directed act kissel motive intent may proved acts declarations conspirators furtherance common objective wiborg scheme use mails defraud joined one person conspiracy cochran yet members responsible though one mailing cochran supra mackett baker blue governing principle substantive offense committed one conspirators furtherance unlawful project johnson criminal intent act established formation conspiracy conspirator instigated commission crime unlawful agreement contemplated precisely done formed purpose act done execution enterprise rule holds responsible one counsels procures commands another commit crime founded principle principle recognized law conspiracy overt act one partner crime attributable overt act essential ingredient crime conspiracy criminal code supplied act one conspirator fail see acts furtherance conspiracy likewise attributable others purpose holding responsible substantive offense different case arise substantive offense committed one conspirators fact done furtherance conspiracy fall within scope unlawful project merely pat ramifications plan reasonably foreseen necessary natural consequence unlawful agreement read record case affirmed justice jackson took part consideration decision case justice rutledge dissenting part judgment concerning daniel pinkerton reversed opinion without precedent dangerous precedent establish daniel walter brothers living near charged several counts substantive offenses conspiracy count added naming offenses overt acts proof showed walter alone committed substantive crimes none establish daniel participated aided abetted walter committing knew done daniel fact penitentiary sentence crimes walter crimes done evidence however show several years daniel walter confederated commit similar crimes concerned unlawful possession transportation dealing whiskey fraud federal revenues evidence convicted conspiracy walter also convicted substantive counts proof committing crimes charged evidence without proof daniel criminal agreement walter latter overt acts also substantive offenses charged told jury find daniel guilty substantive offenses think ruling violates letter spirit congress separately defined three classes crime namely completed substantive offenses aiding abetting counseling another commit conspiracy commit ignore distinctions congress prescribed shall observed either convicts one man another crime punishes man convicted twice offense three types offense identical bollehbach sall cir differences merely verbal ibid gist conspiracy agreement aiding abetting counseling consciously advising assisting another commit particular offenses thus becoming party substantice crime going step beyond mere aiding abetting counseling completion offense general differences well understood conspiracy ripened completed crime advanced stage aiding abetting becomes easy disregard differences loosely treat one identical every purpose except vital one imposing sentence thus substance technical effect double jeopardy multiple punishment may accomplished thus also may one convicted offense charged proved evidence showing mmitted another old doctrine merger conspiracy substantive crime obtained dangers abuse part sought avoid applying law conspiracy altogether disappeared cf kotteakos evidence may increasing looseness charge may proved almost unlimited scope vicarious responsibility others acts follows agreement shown psychological advantages trials securing convictions attributing one proof another inducements require broad limits discretion allowed prosecuting officers relation charges trials expanded new wider dubious areas choice matter generally constitutional proportions one exercise supervisory power modes conducting federal criminal prosecutions within rule mcnabb think power exercised case respect daniel conviction violate letter constitutional right fractures spirit sall supra think ruling case right reasons stated followed daniel held guilty substantive crimes committed walter proof conspire commit offenses general character evidence counseled advised knowledge particular acts offenses therefore none aided abetted took part evidence sufficient show agreed walter past time engage transactions generally daniel evidence conspiracy substantive crime theory seems daniel walter became general partners crime virtue agreement agreement without part daniel became criminally responsible principal everything walter thereafter nature criminal offense general sort agreement contemplated long clear evidence daniel withdrawn revoked agreement whether commitment penitentiary effect result vicarious criminal responsibility broad broader vicarious civil liability partner acts done course firm business analogies private commercial law law torts dangerous judgment transfer criminal field see guilt us remains personal vicarious serious offenses kept effect daniel conviction case repeat either attribute walter guilt punish twice offense namely agreeing walter engage crime without agreement daniel guilty crime record far conduct concerned guilty two another aspect case effect thrown even clearer light indictment filed prior one conspiracy alone dismissed turn came petitioners convicted successful securing reversal appeal errors charge pinkerton following reversal reindicted tried present case government says plea double jeopardy account trial overruled demurrer two indictments different conspiracies since first one charged different period time covered conspiracy charged compared overt acts second additional object added latter intent violate another section revenue act words two different conspiracies virtue minute differences detail allegations hence double jeopardy second indictment later support conviction relative bearing various statutes limitations upon proof acts charged also substantive offenses government points earlier indictment framed assumption statute limitations applied conspiracy first charged convictions reversed failure trial instruct jury basis district attorney discovered decision braverman decided revamp indictment include details making period applicable added substantive counts said view period applied felt enough substantive offenses within time successfully prove justify including seem history sustain conviction plea former jeopardy virtue earlier indictment followed government stands must stand upon idea two separate distinct conspiracies charged one first one later indictment see oppenheimer sustain daniel conviction substantive offenses via conspiracy route single continuing conspiracy extending longer period course walter committed crimes also overt acts running back period charged former indictment others later acts charged overt acts daniel held responsible merely conspirator prior indictment charged conspirator substantive offender lacks way put twice jeopardy offense unable understand daniel convicted conspiracy overt acts illegal ends first indictment charged acts converted substantive offenses think prosecutor technical seem insubstantial variations details indictment permitted achieve much course relieve walter conviction substantive offenses sentence conspiracy annulled also daniel sentence counts justicef rankfurter reserving judgment question double jeopardy agrees substance views expressed dissent footnotes held two counts walter convicted one counts daniel convicted barred statute limitations demurrer sustained remaining substantive counts jury returned verdict guilty carried maximum penalty three years imprisonment fine hence general sentence fine imprisonment imposed substantive counts valid settled law stated claassen criminal case general verdict judgment indictment information containing several counts reversed error one counts good warrants judgment absence anything record show contrary presumption law awarded sentence good count rule obtains case concurrent sentences hirabayashi cases cited see may law crimes ed people tavormina cases collected addition conspiracy count may times abusive unjust conference senior circuit judges reported note prevalent use conspiracy indictments converting joint misdemeanor felony express conviction purpose least bringing much improper evidence conspiracy statute much abused particular case may preconcert plan excepting necessarily inherent mere joint action difficult exclude situation established definitions conspiracy yet theory permits us call aborted plan greater offense completed crime supposes serious substantially continued group scheme cooperative law breaking observe many conspiracy prosecutions substantial base fear creation general impression harmful law enforcement method prosecution used arbitrarily harshly rules evidence conspiracy cases make difficult try without prejudice innocent defendant annual report attorney general pp find practice reflected present case question arise walter direct actor substantive offenses conviction rests general sentence fine supportable one see note supra trial charged gentlemen considered evidence case satisfied evidence beyond reasonable doubt time particular substantive offenses committed offenses charged first ten counts indictment satisfied evidence beyond reasonable doubt two defendants unlawful conspiracy heretofore defined unlawful conspiracy right found true satisfaction beyond reasonable doubt convict defendants substantive counts provided acts referred substantive counts acts furtherance therance unlawful conspiracy object unlawful conspiracy found evidence existed daniel indicted aider abettor see criminal code case submitted jury theory course commrehend vast variety offenses prescribed federal law conspiracies accomplishing may charged catchall conspiracy statute note directly commits act constituting offense defined law aids abets counsels commands induces procures commission principal two persons conspire either commit offense defraud manner purpose one parties act effect object conspiracy parties conspiracy shall fined imprisoned two years substantially identical situation presented sall case indictment proof government argued conviction substantive counts stand proof accused entered conspiracy amounted proof abetted commission substantive crimes within meaning rejected idea apparently accepted abetting intended congress thing differing form descriptive words difference conviction account act clearly double punishment situation essentially crimes defined minute distinction make different technical sense see district columbia buckley concurring opinion page cf ex parte nielsen ex parte snow