In what circumstances will a defendant be found guilty of a charge of conspiracy to cheat and defraud?

In the case of the State v. Mayberry, 48 Me. 235, also cited by the defendants as an authority in support of their contention, the charge [193 F. 568] was a conspiracy to cheat and defraud under and by means of certain false and fraudulent pretenses concerning the ownership of land. The indictment was found under a statute providing that, if two or more persons conspire together to commit any crime punishable by imprisonment in the state prison, they shall be deemed guilty of a conspiracy. To cheat and defraud was not an offense at common law, and the court held that: