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

California, United States of America


The following excerpt is from The People v. Iii, B218426, No. MA026253 (Cal. App. 2010):

The jury convicted defendant of conspiracy, finding that he had agreed to commit murder, robbery, or kidnapping and had intended to commit such offenses. CALCRIM No. 415, given to the jury on conspiracy, required a finding of intent. (See People v. Swain (1996) 12 Cal.4th 593, 607 ["We conclude that a conviction of conspiracy to commit murder requires a finding of intent to kill, and cannot be based on a theory of implied malice."].) The jury also found all of the special circumstances true, which required a finding that defendant acted deliberately and with premeditation.

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