California, United States of America
The following excerpt is from People v. Angel, F058325, Super. Ct. No. BF122970C & (Cal. App. 2011):
"The necessary elements of a criminal conspiracy are: (1) an agreement between two or more persons; (2) with the specific intent to agree to commit a public offense; (3) with the further specific intent to commit that offense; and (4) an overt act committed by one or more of the parties for the purpose of accomplishing the object of the agreement or conspiracy." (People v. Liu (1996) 46 Cal.App.4th 1119, 1128.)
"'In proving a conspiracy,... it is not necessary to demonstrate that the parties met and actually agreed to undertake the unlawful act or that they had previously arranged a detailed plan. The evidence is sufficient if it supports an inference that the parties positively or tacitly came to a mutual understanding to commit a crime. Therefore, conspiracy may be proved through circumstantial evidence inferred from the conduct, relationship, interests, and activities of the alleged conspirators before and during the alleged conspiracy.' [Citation.] 'The agreement in a conspiracy may be shown by... conduct of the defendants in mutually carrying out an activity which constitutes a crime.'" (People v. Gonzalez (2004) 116 Cal.App.4th 1405, 1417.)
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