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F 6.18 n1 Appellate Issue Alert: Pre-1997 Version.
The pre-1997 version of CJ 6.18 implied the existence of the conspiracy. (See CALJIC History CJ 6.18.)
F 6.18a
Knowing Commission Of Act In Furtherance Of Conspiracy Does Not Prove Membership
In Conspiracy
*Add to CJ 6.18:
This is true even if the person committing the act knew of the existence of the alleged conspiracy at the time the act was committed. You may not find the defendant committed the crime of conspiracy unless all of the required elements, upon which I have previously instructed you, have been proven beyond a reasonable doubt.
Points and Authorities
Even if the defendant knowingly and voluntarily commits an act which furthers the purpose of a conspiracy, the defendant is not guilty of conspiracy absent a specific intent to enter into an agreement with the other conspirators and a specific intent to commit the crime which is the object of the conspiracy. (People v. Horn (74) 12 C3d 290, 296 [115 CR 516]; see also, U.S. v. Falcone (40) 311 US 205, 210-11 [85 LEd 128; 61 SCt 204].) Hence, CJ 6.18 should be clarified to make this point clear to the jury.