People v. Superior Court (Jackson)

This case presents the novel question of whether a person accused of conspiracy can lawfully be tried when all his alleged coconspirators have been acquitted of the charge.

On February 15, 1972, Harold Eugene Jackson (“Defendant”), Michelle Jones and Benny Finch (“Codefendants”) were held to answer upon a felony complaint.

On February 18, 1972, an information was filed charging Jackson, Jones and Finch with conspiracy to commit robbery (Pen. Code, § 182), robbery (Pen. Code, § 211), and murder (Pen. Code, § 187).

On April 26, 1972, the court severed the trial of Defendant from that of Jones and Finch.

In May 1972, Defendant was tried and convicted on all counts of the information, including thé conspiracy charge.

In June 1972, Jones and Finch were tried and acquitted of all charges, including the conspiracy count.

Defendant appealed his conviction. For reasons not pertinent to the issue raised in this review, this court reversed the judgment of conviction by virtue of an unpublished majority decision handed down in February 1974.

The People once again proceeded against Defendant on the charges contained in the February 18, 1972, information. In May 1974, Defendant…