Can a jury acquit a defendant of conspiracy to commit murder after the agreement was made?

California, United States of America


The following excerpt is from People v. Brambila, G046681 (Cal. App. 2013):

find this was after the agreement to commit murder had been made. "[W]hile the jury must acquit [a defendant of conspiracy] if the circumstantial evidence is capable of two interpretations, one suggesting guilt and one suggesting innocence, once the jury concludes defendant is guilty that determination is upheld on appeal providing that the circumstances reasonably justify the jury's determination." (People v. Garcia (2000) 84 Cal.App.4th 316, 323.) Such circumstances exist here.

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