What is the test for a conspiracy to murder?
California, United States of America
The following excerpt is from People v. Fifita, B294952, c/w B297071 (Cal. App. 2020):
"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." (People v. Morante
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(1999) 20 Cal.4th 403, 416; accord, People v. Jurado (2006) 38 Cal.4th 72, 120-121 [conspiracy to commit murder].)
"'One who conspires with others to commit a felony is guilty as a principal. ( 31.) "'Each member of the conspiracy is liable for the acts of any of the others in carrying out the common purpose, i.e., all acts within the reasonable and probable consequences of the common unlawful design.' [Citations.]" [Citation.]'" (People v. Maciel (2013) 57 Cal.4th 482, 515.)
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