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At early common law, conspiracy, which was a misdemeanor, merged into the completed felony that was its object. The merger was based on the significant procedural differences between misdemeanor and felony trials. As the differences diminished, so did the merger concept. In modern times, conspiracy does not merge into the completed offense. 1 Thus a defendant can be charged with and convicted of conspiracy andany crime the conspiracy furthers, as is discussed more fully in Consequences of Conspiracy.
Figure 8.6 Defenses to Conspiracy
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