Overt Act Required for Conspiracy Conviction

Upon trial for conspiracy, the defendant cannot be convicted unless one or more overt acts are expressly alleged in the indictment, information or complaint nor unless one of the acts alleged is proved; but other overt acts not alleged may be given in evidence. NOTE: Section 9530 is substantively the same as former § 1104. See also Cal. Pen. Code § 1104 (same). See generally B. Witkin, California Criminal Procedure Proceedings Before Trial § 192(1963, Supp. 1973). For the substantive requirement of an overt act, see 9 GCA § 13.30.