Commonwealth v. Benesch,

290 Mass. 125, 194 N.E. 905 (1935)

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Nature of the Case

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Facts

Benesch (D) created a trust to sell securities in accordance with an installment or partial payment contract which was not approved by the Public Utilities Commission. In 1924, a series of 'Blue Sky Laws' were passed which made D's practice illegal. At trial for a conspiracy, the evidence showed that although D may have known of these laws and of the fact that the partial payment contract had not been approved by the Public Utilities Commission, probably no one else in the trust charged with conspiracy had such knowledge.