After the prosecution has introduced sufficient evidence to establish prima facie, a conspiracy between the parties tending to show a common purpose as charged, then the declarations of one of the accused are competent against all of them.18

While a conspiracy is in progress the acts and declarations of one of the conspirators are the acts of each and all of them, if done according to the common plan, though the result may not be the particular result intended.19

The conspiracy having been established, everything said, written or done by any one of the conspirators in furtherance of the common purpose is deemed to have been said, done or written by each of them.20

But after a conspiracy has come to an end, then individual declarations, statements, confessions or acts are competent only against him making them.21

In order to be competent the act done by any one of the conspirators must be the ordinary and probable effect of the wrongful act specifically agreed upon, so that the connection between them may be reasonably apparent and not a new, independent product of the mind of one of the conspirators outside of and foreign to the common design.22

17 State vs. Stewart, 59 Vt., 273;

State vs. Glidden, 55 Conn., 46; Hughes Cr. Law, Sec. 200.

18 Hughes' Cr. Law, Sec. 1233-1234;

Wilson vs. People, 94 Ill., 299; State vs. Adams, 40 La., 213; Com. vs. O'Brien 140 Pa. St., 555; Seville vs. State, 49 Ohio St., 117; Underbill's Cr. Ev., Sec. 335. 19 McMahon vs. People, 189 Ill., 222; Samples vs. People, 121 Ill., 547; Wilson vs. People, 94 Ill., 300; Carr vs. State, 43 Ark., 99; Bannon vs. U. S., 156 U. S., 464; Underhill's Cr. Ev., Sec. 492.

20 Chicago, etc., Coal Co. vs. People, 214 Ill., 421-452.

21 Greenl. Ev. (Redf. Ed.), Sec. 111; Underhill's Cr. Ev., Sec. 493; Sparf vs. U. S.. 156 U. S., 51; People vs. Oldham, 111 Cal., 648; State vs. Duffy, 124 Mo., 1; State vs. Palmer, 79 Minn., 428; Lamb vs. People, 96 Ill., 73; People vs. McQuade, 110 N. Y., 284.

DISORDERLY CONDUCT. Section 252. What Constitutes the Offense.

A breach of the peace may be committed in many ways, one of which is commonly called disorderly conduct.

Any boisterous conduct creating or tending to create a breach of the peace, constitutes disorderly conduct.23

Thus if one meets another in a public place and calls him a robber in a loud voice he commits this offense.24

So discharging fire-arms in the streets of a city or other public place is a breach of the peace.25

Breaches of the peace as defined by statutes usually include tumultuous and offensive carriage, quarreling, fighting, challenging and the like.

A breach of the peace may be committed without an assault and battery or other offense,26 but of course an assault and battery or other offense may also constitute a breach of the peace.27