GARCIA V. STATE
71 Ind. 366, 394 N.E.2d 106 (1979)
NATURE OF THE CASE: Garcia (D) appealed from the judgment, which, following a jury trial,
convicted her of conspiracy to commit murder, in violation of Ind. Code 35-41-5-2, and
which sentenced her to 20 years imprisonment.
FACTS: Allen Young, was first contacted by D with regard to certain marital problems that
she was having. D stated that her husband constantly beat her and her children and that she
'couldn't take it any longer' -- that she wanted her husband killed. Young suggested that
she goes to the police or see an attorney. Young mentioned the sum of $5000.00 in an attempt
to discourage her. D said that the amount was out of the question and ended the
conversation. Young had not taken D seriously. He received a second call and D said that she
had $200 in cash and wanted to know whether he had found anyone to kill her husband. He did
not know anyone who was in that line of 'business.' D asked him to look around anyway. Young
went to the Police Department and discussed the matter with two detectives. He offered to
call D and let them listen and record the conversation, which they did. When asked if she
wanted to find someone to kill her husband, D responded affirmatively. Young replied that he
would try to find someone. In several subsequent conversations D reaffirmed her desire to
have her husband killed, and rejected the idea of going to the police. At their final
meeting, D produced $200, a picture of her husband, and a record of his daily habits and
gave them to the plain clothes detective who came with Young. D agreed to pay the balance of
the contract price when the 'job' was completed. D was arrested. Young testified that he
only feigned his acquiescence in the plan and at no time did he intend to actually carry it
out. D was convicted and conspiracy and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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