What is the test for a charge of conspiracy to murder?
California, United States of America
The following excerpt is from People v. Audinette, B267258 (Cal. App. 2018):
"[T]he crime of conspiracy to commit murder requires a finding of unlawful intent to kill, i.e., express malice, and . . . conspiracy to commit murder cannot be based on the underlying criminal objective or target offense of second degree implied malice murder." (People v. Cortez (1998) 18 Cal.4th 1223, 1228-1229, citing People v. Swain (1996) 12 Cal.4th 593, 603 (Swain).)
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