Johnson v. State

Citations

• 3 Tex. Ct. App. 590

Syllabus

<p>1. Conspiracy. — Trying an indictment for a conspiracy to commit burglary, the jury found the accused “guilty as charged in the indictment,” but in the judgment-entry he was “ adjudged guilty of the charge in the indictment, to wit, conspiracy to commit robbery.” Held, that the judgment as thus rendered is erroneous, and must be reversed, and the cause remanded.</p> <p>2. Same.—The crime of conspiracy to commit an offense is complete when the conspirators enter into the criminal agreement, and notwithstanding they do not proceed to consummate it.</p> <p>3. Case Stated. — Certain merchants had employed a detective to discover who had entered and robbed their store, and at their instance he consorted with the appellant and one H., whom the merchants suspected to be the guilty parties, and who agreed with each other and with the detective to break into and rob the store. The merchants furnished the detective with a key to facilitate the entry, and were prepared to arrest the culprits when it was effected. Held, that the conspiracy was complete when the appellant and H. entered into the agreement, and, therefore, their amenability was not affected by the subsequent consent of the merchants and cooperation of the detective in the entry of the store,-unless the merchants or the detective suggested the offense or originated the criminal intent or agreement. Note the distinctions taken between this case and the cases of Speiden v. The State, ante, p. 156, and Pigg v. The State, 43 Texas, 108.</p>