Does section 182 of the California Penal Code include conspiracy to commit a misdemeanor assault?

California, United States of America


The following excerpt is from People v. Osslo, 323 P.2d 397, 50 Cal.2d 75 (Cal. 1958):

According to defendants, conspiracy to commit a misdemeanor assault is not one of the acts 'described in this section.' But, as defendants concede, it was held in [50 Cal.2d 98] Doble v. Superior Court (1925), 197 Cal. 556, 565 (2), 241 P. 852 (where the question was whether section 182 of the Penal Code provided punishment for a conspiracy to violate the Corporate Securities Act), that 'it was the legislative intention that the words 'any crime' should include all crimes whether felonies or misdemeanors which are known to the laws of this state and whether defined and made punishable by the Penal Code or by any other law or statute of this state,' and (page 566 (5) of 197 Cal., page 856 of 241 P.) 'the words 'any of the other acts described in this section' were meant to, and do in fact, include all other conspiracies to commit crimes or acts prohibited by the section (182) regardless of whether they are denounced by subdivision 1 or any other subdivision thereof.' We conclude that the Doble case is applicable here.

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