People v. Swain
Supreme Court of California
909 P.2d 994 (1996)
Jamal Swain and David Chatman (defendants) took part in a drive-by shooting that killed a 15-year-old boy. At trial, the jury was instructed on both express-malice and implied-malice theories of murder, and returned general verdicts convicting Chatman of second-degree murder and conspiracy to commit second-degree murder, and Swain of conspiracy to commit second-degree murder; the court of appeal affirmed. On review, the question was whether it was proper to instruct the jury on implied malice -- which does not require intent to kill -- in connection with the conspiracy charge.
Whether a conviction for conspiracy to commit murder requires proof that the defendant specifically intended to kill, even where the underlying murder charge is second-degree.