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STATE EX REL. WOODS v. COHEN

No. CV-91-0307-PR.

173 Ariz. 497 (1992)

844 P.2d 1147

STATE of Arizona, ex rel. Grant WOODS, Attorney General, Petitioner, v. Edwin C. COHEN, Real Party in Interest, and The Superior Court of the State of Arizona, in and for the County of Maricopa, the Honorable Rebecca A. Albrecht, judge, Respondent.

Supreme Court of Arizona, En Banc.

Reconsideration Denied February 2, 1993.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Billie A. Rosen, Asst. Atty. Gen., Phoenix, for State of Ariz.

Bruce Feder, Phoenix, for Edwin C. Cohen, real party in interest.

OPINION

MARTONE, Justice.

We are asked to decide whether a conspirator, who is responsible for the crime of conspiracy, can also be responsible for the separate criminal acts of co-conspirators when the conspirator is not an accomplice or principal to those crimes. We hold that conspiratorial responsibility does not extend that far.

We are also asked to decide whether the anti-marital fact privilege of...

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