State v. Boyer

McCORMICK, Justice.

We granted further review of a court of appeals decision to determine whether a person can be convicted of conspiracy when the only other alleged conspirator did not intend to commit the same crime. The court of appeals reversed the conspiracy conviction of defendant Gary Lynn Boyer on the ground the trial court failed to instruct the jury on the necessity that the State prove the conspirators intended to commit the same criminal act. We affirm the decision of the court of appeals.

The crime of conspiracy is defined in Iowa Code section 706.1 (1983):

Conspiracy is an…