The Death of a Co-Conspirator Legal Results

People v. Eberhardt (1985) 169 Cal. App. 3d 292 [215 Cal. Rptr. 161], suggests the death of the only other coconspirator does not terminate the conspiracy or extinguish the culpability of the remaining conspirator. In Eberhardt, the defendant argued he could not be culpable for violations of certain fishing laws because the only other conspirator, his Native American wife, was immune from prosecution due to her heritage. The court found the wife's immunity did not affect the husband's culpability, distinguishing People v. Superior Court (Jackson) (1975), 44 Cal. App. 3d at page 498, on the ground it involved innocence of the alleged coconspirator, not immunity. (People v. Eberhardt, supra, 169 Cal. App. 3d at pp. 299-300.)