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PEOPLE v. SWAIN

Docket No. S037138.

12 Cal.4th 593 (1996)

909 P.2d 994

49 Cal. Rptr.2d 390

THE PEOPLE, Plaintiff and Appellant, v. JAMAL K. SWAIN et al., Defendants and Appellants.

Supreme Court of California.

January 29, 1996.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Laurence K. Sullivan, Ann K. Jensen, Ronald E. Niver and Mark S. Howell, Deputy Attorneys General, for Plaintiff and Appellant.

George L. Schraer, Richard Phillips and Charles M. Bonneau, under appointments by the Supreme Court, for Defendants and Appellants.

OPINION

BAXTER, J.

Defendants Jamal K. Swain and David Chatman were each convicted of conspiracy to commit murder and other crimes, stemming from the drive-by shooting death of a 15-year-old boy. As we shall explain, we hold that intent to kill is a required element of the crime of conspiracy to commit murder. In light of the jury instructions given, and general verdicts returned, we cannot determine beyond a reasonable doubt whether...

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