State v. Joles - 485 So. 2d 212 (La. Ct. App. 1986)

Rule:

La. Rev. Stat. Ann. § 14:26 requires criminal intent in the mind of at least two persons, and, of course, an overt act in furtherance of the enterprise, for a conspiracy to exist.

Facts:

Defendant, Kenneth Joles, while incarcerated, tried to hire another inmate to kill a district attorney. The other inmate contacted a sheriff, who told the inmate to go along with the defendant. The other inmate acted as though he wanted to perform the murder, but in fact, he never intended to do so. The appellate court found that there was no evidence that any other party was involved in the planning of the murder or that any other party took a step in furtherance thereof other than the defendant and the inmate informant. The appellate court ruled that La. Rev. Stat. Ann. § 14:26 required criminal intent in the mind of at least two persons, and an overt act in furtherance of the enterprise, for a conspiracy. There could have been no conspiracy with a government agent who intended to frustrate the enterprise. The defendant was charged with conspiracy to commit first-degree murder and with inciting a felony. The district sustained the defendant's motion to quash the conspiracy charge. The State then appealed.

Issue:

Did the trial court err in quashing that there was a conspiracy?

Answer:

No.

Conclusion:

The judgment of the trial court quashing the conspiracy information is affirmed. The court disagree that the word "combination" in the statute does not obviate the necessity for at least two parties to possess malefic intent for a conspiracy to exist. Thus, the court determined that the pertinent statute requires criminal intent in the mind of at least two persons, and, of course, an overt act in furtherance of the enterprise, for a conspiracy to exist. The clear purpose of LSA-R.S. 14:26 is to criminalize the conduct of two or more persons who intend a criminal act and as a result of that intention, manifested as an agreement or combination, one of these does something in furtherance of the intended criminal act.