What is the test for a conspiracy to commit a crime?

California, United States of America


The following excerpt is from People v. Houston, B267503 (Cal. App. 2018):

"'A conviction of conspiracy requires proof that the defendant and another person had the specific intent to agree or conspire to commit an offense, as well as the specific intent to commit the elements of that offense, together with proof of the commission of an overt act "by one or more of the parties to such agreement" in furtherance of the conspiracy.' [Citation]." (People v. Covarrubias (2016) 1 Cal.5th 838, 888.) "'Evidence is sufficient to prove a conspiracy to commit a crime "if it supports an inference that the parties positively or tacitly came to a mutual understanding to commit a crime. [Citation.] The existence of a conspiracy may be inferred from the conduct, relationship, interests, and activities of the alleged conspirators before and

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during the alleged conspiracy."'" (People v. Maciel (2013) 57 Cal.4th 482, 515-516.)

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