Legal Question in Criminal Law in California
Is it legally permissible for an uncharged conspiracy, utilized only as an evidentiary tool, to serve as an independent basis of criminal liability separate and apart from that of aiding and abetting? Is it error for a court to not to instruct the jury (sue sponte), or for a lawyer to fail to request that a jury be instructed on the limited use of an uncharged conspiracy? When two defendants are jointly tried is it legally permissible to base a theory of conspiracy on a substantive offense solely committed and charged to one defendant?
Asked on 4/14/11, 1:57 pm
1 Answer from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
Huh? Please provide a complete recitation of the facts.
Answered on 4/14/11, 2:11 pm
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