The overt act may be merely a part of preliminary arrangements for commission of the ultimate crime. It need amount to no more than an act showing that the conspiracy has gone beyond a mere meeting of the minds upon the attainment of an unlawful object and that action between conspirators as such has begun. In the case of attempt the act must go beyond preparation because the attempt is deemed a punishable segment of the crime intended. We conclude that conspiracy to dissuade a witness and attempt to dissuade a witness are separate and distinct offenses. Each offense requires proof of an element that is not required to prove the other.
Conspiracy requires an agreement.
Attempt requires an act beyond mere preparation. Neither is a lesser included offense of the other. We find no constitutional or statutory infirmity in the convictions or sentences imposed. The judgment and sentences of the trial court are affirmed.