Can a defendant be convicted of conspiracy to commit murder as a natural and probable consequence of a conspiracy to assault?
California, United States of America
The following excerpt is from People v. Moor, 2d Crim. No. B256126 (Cal. App. 2016):
A defendant may not be convicted of conspiracy to commit murder as the natural and probable consequence of a conspiracy to commit a lesser offense. (See People v. Swain (1996) 12 Cal.4th 593, 602-603.) This is because conspiracy to commit murder requires intent to kill. (Id. at p. 607.) Appellants contend the combined instructions suggest that the jury could find them guilty of conspiracy to commit murder as a natural and probable consequence of a conspiracy to assault. We disagree.
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