This case has been cited 1 times or more.
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2008-02-18 |
VELASCO JR., J. |
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| There is conspiracy when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.[24] Direct proof of previous agreement to commit a crime is not necessary. Conspiracy may be shown through circumstantial evidence, deduced from the mode and manner in which the offense was perpetrated, or inferred from the acts of the accused themselves when such lead to a joint purpose and design, concerted action, and community of interest.[25] Conspiracy must be proven as convincingly as the criminal act itself like any element of the offense charged, conspiracy must be established by proof beyond reasonable doubt.[26] For a co-conspirator to be liable for the acts of the others, there must be intentional participation in the conspiracy with a view to further a common design.[27] Except for the mastermind, it is necessary that a co-conspirator should have performed some overt act actual commission of the crime itself, active participation as a direct or indirect contribution in the execution of the crime, or moral assistance to his co-conspirators by being present at the commission of the crime or by exerting moral ascendancy over the other co-conspirators.[28] | |||||