Is there a conspiracy to commit second degree murder?
California, United States of America
The following excerpt is from People v. Santibanez, 49 Cal.App.4th 1605, 57 Cal.Rptr.2d 498 (Cal. App. 1996):
Dictum in People v. Horn (1974) 12 Cal.3d 290, 299, 115 Cal.Rptr. 516, 524 P.2d 1300, posits, counterintuitively, the existence of the crime of conspiracy to commit second degree murder. We hold there is no such crime because a conspiracy to murder necessarily entails express malice, premeditation and deliberation. 1
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