CURTISS CLARENDON VAUGHN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed a conviction for conspiracy to violate a Florida statute, holding that the jury instructions were sufficient and the evidence supported the verdict. The court clarified that actively participating in the "furtherance" of a conspiracy is equivalent to acting "to effect the object of the conspiracy."
Yes, the jury instruction was sufficient. The court held that the term "furtherance" as used in the instruction is practically synonymous with the statutory language "to effect the object of the conspiracy."
“The question here is as to the sufficiency of the court's instruction to the jury as to the elements of the crime of conspiracy.”
This quote identifies the central legal issue on appeal.
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Join FLexlaw to unlock all legal intelligenceThe appellant was found guilty of conspiracy to violate Section 562.23, Florida Statutes. The evidence presented showed that the appellant provided mo…
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Appellant was found guilty of the charge of conspiracy to violate Section 562.23, Florida Statutes, F.S.A. The evidence supports the verdict. The question here’is as to the sufficiency of the court’s instruction to the jury as to the elements of the crime of conspiracy. The court instructed the jury in substance that in order to convict of conspiracy, the defendant must have actively and intentionally participated in the “furtherance” of the conspiracy or common design as a whole. Appellant having furnished money for gas for cooking the mash and having furnished sugar and money for sugar was sufficient to show that appellant knowingly and actively participated in the furtherance of the conspiracy. Use of the word “furtherance” of the conspiracy is practically synonymous with the words of the statute “to effect the object of the conspiracy.”
Finding no error in the instructions, the judgment appealed is affirmed.
WIGGINTON, Acting C. J., and JOHNSON and SPECTOR, JJ., concur.
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Hanson v. State, 363 So. 2d 623 (Fla. 3d DCA 1978)…A 1974); Harris v. State, 229 So. 2d 670 (Fla. 3d DCA 1970); Whitley v. State, 265 So. 2d 99 (Fla. 3d DCA 1972); State v. Ell-Gee, Inc., 255 So. 2d 542 (Fla. 3d DCA 1971); Paul v. State, 209 So. 2d 464 [*624] (Fla. 3d DCA 1968); and Vaughn v. State, 198 So. 2d 858 (Fla. 1st DCA 1967). Affirmed.…