What is the test for a conviction of conspiracy to commit murder?

California, United States of America


The following excerpt is from People v. Cooks, 141 Cal.App.3d 224, 190 Cal.Rptr. 211 (Cal. App. 1983):

Cooks, Green, and Simon argue that the evidence was insufficient, as a matter of law, to support their convictions of conspiracy to commit murder. For an appellate court to sustain a conviction of conspiracy to commit a crime, there must be substantial evidence that (1) the defendant and at least one other person agreed to commit a crime (Pen.Code, 182, subd. 1); (2) one of the alleged overt acts was committed by one of the conspirators in furtherance of the conspiracy (Pen.Code, 184, 1104); 67 and (3) the conspirators had the specific intent to (a) agree or conspire and (b) commit the offense that is the object of the conspiracy (People v. Horn (1974) 12 Cal.3d 290, 296, 115 Cal.Rptr. 516, 524 P.2d 1300; People v. Backus (1979) 23 Cal.3d 360, 390, 152 Cal.Rptr. 710, 590 P.2d 837).

Other Questions


What is the test for a finding that a defendant guilty of conspiracy to commit murder was convicted of murder by a superior court? (California, United States of America)
Can a defendant be convicted of conspiracy to commit murder as a natural and probable consequence of a conspiracy to assault? (California, United States of America)
What is the effect of commuting a sentence of life without possibility of parole on a defendant convicted of conspiracy to commit murder, and 11 counts of deliberate and premeditated murder? (California, United States of America)
What is the range of sentences for a man convicted of a first degree murder, conspiracy to commit murder and other felonies? (California, United States of America)
Is the evidence insufficient to support a defendant's convictions for conspiracy to commit murder, attempted murder or street terrorism? (California, United States of America)
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
Is implied malice permitted a jury to convict a defendant of conspiracy to commit murder? (California, United States of America)
What is the test for a jury to convict defendants of conspiracy to commit second degree murder? (California, United States of America)
Does the statutory elements of conspiracy to commit murder include all of the elements of attempted murder? (California, United States of America)
What is the consequence of a finding that defendants have been convicted of conspiracy to commit murder in the second degree? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.