Legal Definition and Related Resources of Wharton’s Rule

A doctrine of criminal law enuciating an exception to the general principle that a conspiracy and substantial offense that is its immediate end are discrete crimes for which separate sanctions are imposed. Iannelli v U.S., 420 U.S. 770, 95 S. Ct. 1284, 43 L.Ed.2d616. The rule is that where a substantive offense necessarily requires the participation of two persons for its commission, such persons cannot be prosecuted for the offense of entering into the agreement to commit that offense. See Iannelli v United States (Supra); also see Gebardi v United States, 287 U.S. 112, 53 S. Ct. 35, 77 L. Ed. 206.

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Wharton’s Rule in Historical Law

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