CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Exceptions re Statements
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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.