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Conspiracy
Legal Encyclopedias
C.J.S., Conspiracy §§ 34 to 45
C.J.S., Conspiracy § 47
C.J.S., Conspiracy § 49
C.J.S., Conspiracy §§ 52 to 53
C.J.S., Conspiracy §§ 55 to 56
C.J.S., Conspiracy § 60
C.J.S., Conspiracy §§ 62 to 63
C.J.S., Conspiracy § 65
C.J.S., Conspiracy §§ 73 to 80
C.J.S., Conspiracy § 82
C.J.S., Conspiracy §§ 86 to 88
C.J.S., Conspiracy §§ 90 to 92
C.J.S., Conspiracy § 91
C.J.S., Conspiracy § 96
The purpose of the overt act requirement has been described as providing
conspirators an opportunity to abandon the conspiracy and to avoid criminal
liability before the agreement is put into operation by a decisive act.[FN9]
The
overt act need not be the commission of the crime itself; in fact, the overt act
need not be criminal at all.[FN10] The commission of the intended crime is
never an
essential element of the crime of conspiracy.
An indictment alleging conspiracy must allege the conduct that is the basis
of the
illegal agreement, at least in response to a claim for more specific
notice.[FN16]
Various circumstantial methods may establish conspiracy. Similar methods
of
operation together with joint activities and relationships will support a
finding of
conspiracy.[FN17] At least one court has ruled that the offense of conspiracy
applies only to offenses defined in the penal code unless the statute created
the
intended offense specifically either defines conspiracy or incorporates the
Penal
Code definition.[FN18]
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