Wharton's Rule

noun

Whar·​ton's Rule

ˈhwȯrt-ᵊnz-

: a rule that prohibits the prosecution of two persons for conspiracy to commit a particular offense when the offense in question can only be committed by at least two persons

Note: Wharton's Rule does not apply when legislative intent is to the contrary (as when the legislation imposes a separate punishment for conspiracy to commit a particular crime).

Word History

Etymology

after Francis Wharton (1820–89), American lawyer and author, who formulated it