State Ex Rel. Woods v. Cohen

OPINION

MARTONE, Justice.

We are asked to decide whether a conspirator, who is responsible for the crime of conspiracy, can also be responsible for the separate criminal acts of co-conspirators when the conspirator is not an accomplice or principal to those crimes. We hold that conspiratorial responsibility does not extend that far.

We are also asked to decide whether the anti-marital fact privilege of A.R.S. § 13-4062(1) is limited to testimony adverse to a criminal defendant. We hold that it is not.

Edwin C. Cohen was indicted by a grand jury for conspiracy to defraud the Arizona Health Care…