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

California, United States of America


The following excerpt is from People v. Amio, B249694 (Cal. App. 2015):

"[A] conspiracy requires an intentional agreement to commit the offense, a specific intent that one or more conspirators will commit the elements of that offense, and an overt act in furtherance of the conspiracy." (People v. Johnson (2013) 57 Cal.4th 250, 266.) "The elements of conspiracy may be proven with circumstantial evidence, 'particularly when those circumstances are the defendant's carrying out the agreed-upon crime.' [Citations.] To prove an agreement, it is not necessary to establish the parties

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met and expressly agreed; rather, 'a criminal conspiracy may be shown by direct or circumstantial evidence that the parties positively or tacitly came to a mutual understanding to accomplish the act and unlawful design.' [Citation.]" (People v. Vu (2006) 143 Cal.App.4th 1009, 1024-1025.)

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