incohoate Flashcards
1
Q
conspiracy
A
agreement to commit felony
2
Q
is overt act required in va?
A
no
3
Q
how many conspirators?
A
two
4
Q
if only one truly agrees
A
No conspiracy
5
Q
wharton rule
A
when substantive offense by definition requires two people, d cannot be charged with conspiracy
6
Q
if d is first charged with substantive offense
A
cannot be charged with underlying crime
7
Q
all co-conspirators are treated as agents and
A
are liable for any substantive offenses committed during conspiracy, in furtherance, and froseeable
8
Q
withdrawl
A
not a defense
9
Q
withdrawl
A
limits liability of pinkerton
10
Q
attempt
A
1) specific intent to commit crime
2) direct subsantial act towards commissioning
11
Q
how much action necessary?
A
more than mere preparation
12
Q
if d has specific intent to commit crime, no defense that
A
it was impossible to complete
