ADM JUS 2 Lecture Notes - Lecture 29: Misdemeanor, Actus Reus, Jury Trial
8 Dec 2020
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Swaine -- swain (d) was a passenger in a van during a drive by shooting. He admitted firing shoots from the van, but claimed he fired in self defense. He was found guilty of conspiring to murder. He appeals claiming that a conviction of conspiracy to commit murder requires an intent to kill. Note -- this was a result crime - we have to find harm to the victim. Take away -- conspiracy is a specific intent crime. Thus, the prosecution must show that the conspirators intended to agree but also that they intended to commit the elements of the offense. Lauria -- lauria (d) knew some of his answering service customers were prostitutes who used his service for business purposes. Holding -- both the knowledge of the illegal use of the goods or services and the intent to further that use are necessary to support a conviction for conspiracy.
