Eckert v. State

Though then solving a somewhat different problem in Brown v. State, 576 S.W.2d *36636,42 (Tex.Cr.App.1979, Opinion on Rehearing), the Court noted and found:

“Section 15.02 holds that a person commits criminal conspiracy when, with felonious intent, he agrees with one or more persons to commit an offense and then one of the group does an overt act in pursuance of the agreement. Thus, the corpus delicti of conspiracy must contain a showing of agreement to commit a crime.” Id., at 42. [Emphasis by the Court.]

Such an agreement with intent that a particular felony be committed, called a “positive…