Saturday, April 5, 2014




§ 15.02. CRIMINAL CONSPIRACY.  (a) A person commits
criminal conspiracy if, with intent that a felony be committed:
(1)  he agrees with one or more persons that they or one
or more of them engage in conduct that would constitute the offense; 
and
(2)  he or one or more of them performs an overt act in
pursuance of the agreement.
(b)  An agreement constituting a conspiracy may be inferred
from acts of the parties.
(c)  It is no defense to prosecution for criminal conspiracy
that:          
(1)  one or more of the coconspirators is not
criminally responsible for the object offense;
(2)  one or more of the coconspirators has been
acquitted, so long as two or more coconspirators have not been
acquitted;
(3)  one or more of the coconspirators has not been
prosecuted or convicted, has been convicted of a different offense,
or is immune from prosecution;
(4)  the actor belongs to a class of persons that by
definition of the object offense is legally incapable of committing
the object offense in an individual capacity;  or
(5)  the object offense was actually committed.                              
(d)  An offense under this section is one category lower than
the most serious felony that is the object of the conspiracy, and if
the most serious felony that is the object of the conspiracy is a
state jail felony, the offense is a Class A misdemeanor

n12 Liability
whether co-conspirators proceed severally or collectively each is responsible for the acts of all as though performed by himself alone.  BLAIN v. STATE (App1892) 18 SW 862
n13
Where several people are acting together in pursuit of an unlawful act, each is liable for unplanned and unintended collateral crimes committed by other principals if the crimes are foreseeable, ordinary, and probable consequences of preparation or execution of the unlawful act. THOMPSON v STATE (Cr. App 1974) 514  SW 2nd 275
n16
Indictment alleging in one count that defendant and another did unlawfully conspire to unlawfully take and steal money and property from City of Houston, that further conspired to take and steal money, funds, and checks from various unknown persons, and that they further conspired to accept bribes, alleged single conspiracy to commit a felony and under indictment it was not necessary that evidence establish that conspiracy entered into extended  to all of the intended offense was felony theft from unknown person, verdict of guilty was all that was required. NISBET v STATE (Cr. App 1959) 170 Tex Crim. 1  336 SW 2d 142





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