In People v. Drolet (1973) 30 Cal. App. 3d 207, the defendants were convicted of conspiracy to engage in an unlawful act of oral copulation. One defendant had actually engaged in the prohibited act, as part of a theatrical act; the other defendant's liability was based solely on the fact that he was the other defendant's employer. Although there was speculation that the employer told the employee to commit the unlawful act, there was no evidence that he had done so. ( Id. at p. 217.) Thus, his conspiracy conviction was overturned on appeal.