People v. Pierce

The People appeal from an order of the trial court dismissing count 1 of an information charging defendants, husband and wife, with conspiracy (Pen. Code, § 182, subds. 1 and 4) to violate Corporations Code section 26104, subdivision (a), and to commit grand theft (Pen. Code, § 487, subd. I).

It has been the rule in this state since 1889 (People v. Miller, 82 Cal. 107, 108 [22 P. 934]) that when spouses conspire only between themselves, they cannot be prosecuted for conspiracy. (See also People v. MacMullen, 134 Cal.App. 81, 83-85 [24 P.2d 794].) The rule was based on the common-law fiction…