Pinkerton v. United States
United States Supreme Court
328 U.S. 640 (1946)
Brothers Walter and Daniel Pinkerton (defendants) were indicted for conspiring to violate federal liquor tax laws, and although the evidence showed both agreed to commit the underlying crimes, only Walter actually carried out the substantive offenses, with no direct participation by Daniel. The jury, instructed that Daniel could be convicted of Walter's substantive crimes if committed in furtherance of their conspiracy, found both brothers guilty of numerous substantive counts as well as conspiracy, and their convictions were affirmed on appeal; the Supreme Court granted certiorari.
Whether a defendant who conspires with another is criminally liable for all substantive offenses the co-conspirator commits in furtherance of the conspiracy, even without the defendant's knowledge of or assistance in those specific acts.