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• CONSPIRACY CRIME CODE

222, 270 S.E.2d 386 (1980).Īct of one conspirator is considered to be act of all conspirators. Once common design is shown by evidence tending to indicate that individuals have associated themselves together to do an unlawful act, any act done in pursuance of that association by any one of the associates, would, in legal contemplation, be the act of each of them. When a conspiracy is shown, the act of one becomes the act of all, insofar as furtherance of conspiracy is concerned and each is as fully responsible for acts of the others in carrying out common purpose as if that one personally had committed the acts. 646, 168 S.E.2d 654 (1969).Įach participant in a conspiracy is responsible for acts of the others. Law of conspiracy can apply only to subjects capable of entertaining a criminal intent. One cannot be tried for conspiracy when the object of the conspiracy is completed. It was intent of legislature to make conspiracy itself a separate crime only in cases where crime conspired to be committed had not in fact been committed, that is, where conspiracy had been "nipped in the bud." Crosby v. It was intent of the legislature to make conspiracy itself a separate crime only in cases where crime conspired to be committed had not in fact been committed. When conspiracy itself is a separate crime. 176, 223 S.E.2d 61 (1976).Ĭrime of conspiracy can be defined only in conjunction with substantive crime involved in it. 751, 415 S.E.2d 659 (1992).Ĭrime of conspiracy, or of criminal attempt, can only be defined in conjunction with a second criminal section. Offense of conspiracy to defraud a state or political subdivision does not merge with the underlying offense of theft by taking. § 16-4-8, which is the general conspiracy statute. § 16-4-8, is not unconstitutionally vague because the statute's term "overt act" unambiguously refers to a specific type of open or manifest act made in furtherance of a conspiracy to commit a crime.

CONSPIRACY CRIME CODE

1249, § 1 are included in the annotations for this Code section. In light of the similarity of the statutory provisions, decisions rendered prior to codification of this principle by Ga. For annual survey of real property law, see 57 Mercer L. For article, "A comprehensive analysis of Georgia RICO," see 9 Ga. A person convicted of the offense of criminal conspiracy to commit a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than one year nor more than ten years.

A person convicted of the offense of criminal conspiracy to commit a misdemeanor shall be punished as for a misdemeanor. A person convicted of the offense of criminal conspiracy to commit a felony shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he could have been sentenced if he had been convicted of the crime conspired to have been committed, by one-half the maximum fine to which he could have been subjected if he had been convicted of such crime, or both. A person commits the offense of conspiracy to commit a crime when he together with one or more persons conspires to commit any crime and any one or more of such persons does any overt act to effect the object of the conspiracy.