People v. Mayers
California Courts of Appeal
168 Cal. Rptr. 252 (1980)
Relevant factsFree
Mayers acted as the shill while his partner Jackson dealt a three-card monte scam on a bus, together defrauding a passenger of $80, and Mayers was convicted both of operating the game itself and of conspiracy to defraud through that same game, even though the game inherently requires two cooperating participants to function.
IssueFree
Whether a defendant may be charged with both conspiracy and another specific substantive crime that necessarily includes the cooperation of two or more people, if there is no element of the alleged conspiracy that is not also present in the substantive crime.