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Garcia v. State
Indiana Supreme Court
394 N.E.2d 106 (1979)
On several occasions Garcia (defendant) contacted her neighbor, Allen Young, to discuss certain marital problems with her husband. Garcia told Young that her husband constantly abused her and their children and she wanted him killed. Young contacted the police and thereafter the telephone conversations between Garcia and Young were recorded. At one point Garcia specifically asked Young if he would help her find someone to murder her husband. Young agreed to do so. Young along with a plain-clothed detective introduced Garcia to the detective as the person who would kill Garcia’s husband. Garcia gave the undercover detective $200, a picture of her husband, and a record of his daily habits. She agreed to pay the remainder when the job was done. Garcia was subsequently arrested. At trial, Young testified that he only feigned his agreement to Garcia’s plan and did not actually intend to carry out the murder of the husband. Garcia was convicted of conspiracy to commit murder and she appealed, arguing that she could not be convicted of such an offense when the only person with whom she allegedly conspired feigned acquiescence in the scheme.
Rule of Law
Holding and Reasoning (Prentice, J.)
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