CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Co-Conspirator (Crim.) Admissions
.........Conspiracy Need Not Be Charged
5 Cards On This Topic:
  • Uncharged conspiracy may be used to prove criminal liability for acts of co-conspirator.
  • Victim properly deemed an uncharged coconspirator for purpose of EC §1223 hearsay exception, and her immunity from prosecution under Prop. 35 had no bearing on use of exception.
  • Co-conspirator exception applies even though no conspiracy charged.
  • D need not be charged with conspiracy to apply co-conspirator exception to hearsay rule.
  • Under co-conspirator exception, only need establish prima facie evidence of conspiracy to admit evidence; conspiracy need not be charged.