Caldarera v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

In the motion for rehearing, counsel for the appellant, Sam Murphy, earnestly contends that the evidence before the jury reflected by the record is not sufficient to meet the,-measure required by law to establish the offense of conspiracy. The statutes applicable are articles 1623, and 1624, P. C., 1925, which read as follows:

“The offense of conspiracy is complete, although the parties conspiring do not proceed to effect the object for which they have so unlawfully combined.”

“Before a conviction can be had for the offense of conspiracy, it must…