What is the test for a jury to convict a defendant of conspiracy?

California, United States of America


The following excerpt is from People v. McLaurin, B250278 (Cal. App. 2015):

"[I]t is the [trier of fact], not the appellate court, which must be convinced of the defendant's guilt beyond a reasonable doubt." (People v. Ceja (1993) 4 Cal.4th 1134, 1139.) Thus, when as here, "the circumstances reasonably justify the [trier of fact's] findings, the reviewing court may not reverse the judgment merely because it believes that the circumstances might also support a contrary finding." (Id. at p. 1139.)

2. Overt acts instruction

The jury was instructed on conspiracy as a theory of liability for the crimes.

Page 25

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