Marquiz v People
S. Ct. Colorado 1986
Author:- Sam Biers

Facts: Marquiz enlisted the aid of two others, Gallegos and Laroza, to kill Debra Terhost.  Df believed she had stolen from his apartment.  The three took her to Lookout Mt. and stabbed her several times and cut her throat.  A jury found Gallegos guilty of 1^st D Murder, not conspiracy.  Laroza was acquitted of both charges.

Issue: Whether the Df could be found guilty of conspiracy after his two co-defendants were acquitted of conspiracy at separate trials?

Holding: Yes

Procedure: Ct. of App. sustained jury conviction for murder and conspiracy to commit murder (1^st degree) .  Affirmed.

Rule: Where all alleged co-conspirators but one are acquitted of the conspiracy, the remaining conspirator cannot be convicted of conspiracy.  MAJ - where all are tried in separate proceedings the rule does not apply.

Ct Rationale: The rule originates from a time when all Df were tried in the same proceeding under the identical jury.  That jury would have either found an agreement between two or more existed or not.  First-the jury would have adhered to requirement of at least two guilty minds; Second - the jury would be prevented from weighing the evidence separately for each DF. With different proceedings a multiplicity of factors completely unrelated to the actual existence of a conspiracy could result.  Different witnesses, or evidence may be presented.  The manner in which the evidence was present may vary.  New evidence may be discovered in between trials.  Evidence may not be admissible in one trial but it is in another. Different juries may have a different outlook.  The power to acquit may arise out of compassion or prejudice.

PL A: The evidence weighed by the jury determined that a conspiracy existed at the time, irregardless of what the other juries determined.

Def A: It takes at least two or more people to commit the crime of conspiracy, if only one person is guilty of conspiracy there is no conspiracy.

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