Is an out-of-court statement admissible in a conspiracy to commit a crime?
California, United States of America
The following excerpt is from The People v. Iniquez, B216516, No. MA041780 (Cal. App. 2010):
An out-of-court statement is also admissible if made by a party to a conspiracy to commit a crime, either prior to or during the time the party participated in the conspiracy. (Evid. Code, 1223; People v. Earnest (1975) 53 Cal.App.3d 734, 741.) The existence of a conspiracy need not be established "beyond a reasonable doubt or even by a preponderance of the evidence; only prima facie evidence of the fact is required." (Ibid.)
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