737 So. 2d 862 - State v. Smith’s Empirical Analysis

Citation profile

1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The term conspiracy generally means a plan by two or more persons to accomplish some unlawful, immoral, criminal or evil purpose." Walker v. American Honda Motor Co. Inc., 93-1659, p. 4 (La.App. 3 Cir. 6/1/94); 640 So.2d 794, 796 [sic], writ denied, 94-1741 (La.10/7/94); 644 So.2d 644 . Further: In a conspiracy, it is the combination of at least two minds for an unlawful purpose which is the foundation of the offense. Conspiracy imports a corrupt agreement between not less than two people with guilty knowledge on the part of each. The clear purpose of LSA-R.S. 14:26 is to criminalize the conduct of two or more persons who intend a criminal act and as a result of that intention—manifested as an agreement or combination—one of these does something in furtherance of the intended criminal act. State v. Lowery, 609 So.2d 1125, 1129 (La.App. 2 Cir.1992), writ denied, 617 So.2d. 905 (La.1993). "It is essential to a conspiracy that there be a joining of two minds to accomplish a concerted action which has an unlawful purpose." Id. at 1130 . See State v. D'Ingianni, 217 La. 945 , 47 So.2d 731 (1950). Criminal intent to commit a specific offense must exist in at least two minds. State v. Joles, 485 So.2d 212 (La.App. 2 Cir. 1986). Specific intent is defined as the state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or his failure to act. La.R.S. 14:10(1). Intent may be inferred from the ci”

   1 later decision quote this exact passage
   e.g. 907 So. 2d 739 - State v. Leger

2. “Criminal conspiracy is the agreement or combination of two or more persons for the specific purpose of committing any crime; provided that an agreement or combination to commit a crime shall not amount to a criminal conspiracy unless, in addition to such agreement or combination, one or more of such parties does an act in furtherance of the object of the agreement or combination.”

   1 later decision quote this exact passage
   e.g. 907 So. 2d 739 - State v. Leger