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State v. Pittman

Decided: June 8, 1973.

STATE OF NEW JERSEY, PLAINTIFF,
v.
NATHANIEL PITTMAN AND MIRIAM PITTMAN, DEFENDANTS



McGowan, A.j.s.c.

Mcgowan

Codefendants seek an order dismissing count I of an indictment charging them with conspiracy to make false statements to procure the issuance of credit cards, contrary to N.J.S.A. 2A:98-1, "Conspiracy."

The ground urged by both defendants is that at the time of the commission of the alleged offense, and presently, they were and are husband and wife, and because of this it is urged that they cannot be charged with conspiracy because of the common law concept of unity of spouses.

The statute in question reads as follows:

2A:98-1. Conspiracy

Any 2 or more persons who conspire:

a. To commit a crime; or

b. Falsely and maliciously to indict another for a crime or to procure another to be charged or arrested; or

c. Falsely to institute and maintain any suit; or

d. To cheat and defraud a person of any property by any means which are in themselves criminal; or

e. To cheat and defraud a person of any property by any means which, if executed, ...


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