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DEFENSE, WITHDRAWAL FROM CONSPIRACY

A conspiracy does not become a crime until two things have occurred: First, the making of the agreement, and; Second, the performance of some overt act by one of the conspirators.

So, if a person enters into a conspiracy agreement but later changes his mind and withdraws from that agreement before anyone has committed an overt act, then the crime was not complete at that time and the person who withdrew cannot be convicted, he would be not guilty of the alleged conspiracy offense.

However, in order to decide that a person withdrew from a conspiracy the person he must have taken affirmative action to disavow or defeat the purpose of the conspiracy; and, as just explained, he must have taken such action before he or any other member of the scheme had committed any overt act.

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