Can a charge of conspiracy to commit first degree murder be brought under section 182 of the California Criminal Code?

California, United States of America

The following excerpt is from Owen v. Superior Court, 152 Cal.Rptr. 88, 88 Cal.App.3d 757 (Cal. App. 1979):

There can be no question that section 182 permits a charge of conspiracy to commit first degree murder though the conspiracy has been unsuccessful. Section 182 expressly states that where the conspiracy is one "to commit murder . . . the punishment shall be that prescribed for murder in the first degree." And it is elementary that the prosecution may charge a conspiracy without alleging that the substantive crime has been accomplished. (People v. Van (1939) 30 Cal.App.2d 663, 667, 87 P.2d 57.)

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