In People v. Duckworth, 180 Ill. App. 3d 792, 795, 536 N.E.2d 469, 472, 129 Ill. Dec. 629 (1989), Tammy Duckworth made statements to an undercover agent that her uncle would be the source of the drugs the agent agreed to buy from Tammy. Duckworth, 180 Ill. App. 3d at 793, 536 N.E.2d at 470. The agent also told Tammy to have her uncle come to the parking lot and park a few rows away. Duckworth, 180 Ill. App. 3d at 795, 536 N.E.2d at 471. Later, a van with a male driver, the defendant, pulled into the parking lot where the exchange was to take place and parked a short distance away from the agent's vehicle. Duckworth, 180 Ill. App. 3d at 795, 536 N.E.2d at 471. The State argued this was sufficient, independent evidence of a conspiracy between Tammy and the defendant. Duckworth, 180 Ill. App. 3d at 795, 536 N.E.2d at 471-72. The court held there was insufficient evidence of a conspiracy between Tammy and the defendant. Duckworth, 180 Ill. App. 3d at 795, 536 N.E.2d at 471. The court noted that: (1) the defendant's mere presence at the scene of the drug transaction did not establish an illicit association between Tammy and the defendant; (2) Tammy's act in returning with defendant created the inference that he was her uncle and source but was a verbal act which also constituted impermissible hearsay. Duckworth, 180 Ill. App. 3d at 795, 536 N.E.2d at 472. The court then stated that "none of the nonhearsay evidence establishes an agreement between the two defendants, which is a necessary element of a simple conspiracy." Duckworth, 180 Ill. App. 3d at 795, 536 N.E.2d at 472.