Now, to write in there, assume he was, assume we could prove he was, a Communist, which I wasn't able to prove because all I heard was he had some literature there on him and had been in Russia, but assume I knew he was a Communist, can I prove it, I still wouldn't have alleged it because it is subject actually to be removed from the indictment because it is surplusage, you know, and all a murder indictment, the only thing that a murder indictment varies on is the method of what they used, did kill John Doe by shooting him with a gun or by stabbing him or by drowning him in water or how, the manner and means is the only thing that varies in a murder indictment, all other wordage is the same. Does that clear that up?
(Discussion off the record.)
Senator Cooper. As I understand it, under Texas law there is no crime which is denominated under the term "international conspiracy."
Mr. Wade. No, sir.
Senator Cooper. I assume that conspiracy is a crime in Texas, isn't it, conspiracy to commit a crime?
Mr. Wade. Conspiracy is a crime. It is a joining together of a group, your conspiracy where they enter into an agreement to commit a crime, and that is usually the one is indicted as a conspirator, the one who doesn't participate in the crime.
Senator Cooper. My point is, though, that conspiracy is a crime under Texas law?
Mr. Wade. Yes, sir; conspiracy to commit murder is a crime.
Senator Cooper. Yes.
Let me ask this question.