People v. Foster

457 N.E.2d 405 (1983)

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Nature of the Case

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Facts

D initiated his plan to commit a robbery when he approached John Ragsdale in a Rantoul bar and asked Ragsdale if he was 'interested in making some money.' D told Ragsdale of an elderly man, who kept many valuables in his possession. Ragsdale did not believe D was serious until D returned to the bar the next day and discussed in detail his plan to rob the old man. Ragsdale decided to feign agreement to defendant's plan but did not contact the police. D went to Ragsdale's residence to find out if Ragsdale was 'ready to go.' Since Ragsdale had not yet contacted the police, he told defendant that he would not be ready until he found someone else to help them. Ragsdale informed the police of the planned robbery. D and Ragsdale were met at the old man's residence the following day and arrested. D was convicted. The appellate court determined that a conspiracy required actual agreement between =at least two persons to support a conspiracy conviction. Since Ragsdale never intended to agree to D's plan but merely feigned agreement, the court reversed D's conviction. P appealed.