California, United States of America
The following excerpt is from People v. Goldberg, 152 Cal.App.2d 562, 314 P.2d 151 (Cal. App. 1957):
Such evidence is sufficient to establish the conspiracy [152 Cal.App.2d 568] alleged. A criminal conspiracy is an unlawful agreement of the persons to commit an offense denounced by statute. Its legal existence can be established only when proof thereof is accompanied by competent evidence of an overt act. It may be proved by either direct or indirect evidence. It is usually proved by a recital of the circumstances. After proof of a conspiracy, the act or declaration of a conspirator outside the presence of his confederates involving them, relating to the conspiracy may be received in evidence. Code Civ.Proc. 1870, subd. 6; People v. Curtis, 106 Cal.App.2d 321, 325, 235 P.2d 51. Where such declaration or act forms a part of the transaction which is in dispute, such declaration, act or omission is proper evidence. Ibid. When an agreement is not in writing, parol evidence is admissible to prove its contents and where the conspiracy
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