Garcia v. State

71 Ind. 366, 394 N.E.2d 106 (1979)

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Nature of the Case

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Facts

Allen Young, was first contacted by D with regard to certain marital problems that she was having. D stated that her husband constantly beat her and her children and that she 'couldn't take it any longer' -- that she wanted her husband killed. Young suggested that she goes to the police or see an attorney. Young mentioned the sum of $5000.00 in an attempt to discourage her. D said that the amount was out of the question and ended the conversation. Young had not taken D seriously. He received a second call and D said that she had $200 in cash and wanted to know whether he had found anyone to kill her husband. He did not know anyone who was in that line of 'business.' D asked him to look around anyway. Young went to the Police Department and discussed the matter with two detectives. He offered to call D and let them listen and record the conversation, which they did. When asked if she wanted to find someone to kill her husband, D responded affirmatively. Young replied that he would try to find someone. In several subsequent conversations, D reaffirmed her desire to have her husband killed and rejected the idea of going to the police. At their final meeting, D produced $200, a picture of her husband, and a record of his daily habits and gave them to the plainclothes detective who came with Young. D agreed to pay the balance of the contract price when the 'job' was completed. D was arrested. Young testified that he only feigned his acquiescence in the plan and at no time did he intend to actually carry it out. D was convicted and conspiracy and appealed.