Martinez v. Wyoming
Wyoming Supreme Court
943 P.2d 1178 (1997)
A confidential informant wearing a wire contacted Ben Martinez (plaintiff in this appeal) seeking to buy morphine, and recorded phone calls in which Martinez said he could obtain five to ten vials at $200 each; the two agreed to travel together to meet Martinez's source, with Martinez stopping several times en route to call the source. Martinez ultimately left the informant at a convenience store, intending to meet the source alone with the informant's purchase money, but returned saying he decided not to go because he saw police following him; he was then arrested and charged by the State of Wyoming (defendant) with conspiracy to deliver and attempted delivery of a controlled substance, and a jury convicted him on both counts.
Whether, for the crime of conspiracy, the element of an agreement may be established by proving an implied understanding between the conspirators.