This case has been cited 3 times or more.
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2010-08-23 |
NACHURA, J. |
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| Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.[22] The agreement need not be proven by direct evidence;[23] it may be inferred from the conduct of the parties before, during, and after the commission of the offense,[24] pointing to a joint purpose and design, concerted action, and community of interest.[25] Complicity of the accused in the criminal design may be determined by their concerted action at the moment of consummating the crime and the form and manner in which assistance is rendered to the person inflicting the wound.[26] | |||||
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2003-01-14 |
PER CURIAM |
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| Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.[40] The agreement need not be proven by direct evidence;[41] it may be inferred from the conduct of the parties before, during and after the commission of the offense, [42] pointing to a joint purpose and design, concerted action, and community of interest.[43] Indeed, jurisprudence consistently tells us that conspiracy may be deduced from the mode and manner in which the offense was perpetrated.[44] | |||||
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2002-11-27 |
YNARES-SANTIAGO, J. |
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| doubt the presence of conspiracy. Where conspiracy is established, it matters not who among the accused actually shot and killed the victim. The consistent doctrinal rule is that whenever a homicide has been committed as a consequence of or on the occasion of a robbery, all those who took part as principals in the robbery will also be held guilty as principals in the special complex crime of robbery with homicide, even if some of them did not actually take part in the homicide, unless it appears that those who did not do so endeavored to prevent the homicide.[14] We cannot, however, sustain the trial court's finding that the crime was attended with the aggravating circumstance of band. A crime is deemed to have been committed by band whenever more than three armed malefactors shall have acted together in the commission of an | |||||