jeopardy. V. WHARTON’S RULE Appellant also contends that Wharton’s Rule operates to bar her conviction and punishment under Code § 18.2-22 for conspiracy to commit murder. Thus, she concludes, the trial court erred in denying her motion to have the conspiracy convi 862 (12th ed.1932)). In other words, Wharton’s Rule precludes conviction for both the substantive offense and the conspiracy to commit that offense when the substantive offense “is of such a nature as to necessarily require the participation of two persons for its commission.” Iannelli, 420 U.S. at 774 n. 5, 95 S.Ct. at 1288 n. 5, (emphasis added) (quoting 1 R. Anderson, Wharton’s Criminal Law and Procedure § 89, at 191 (1957)); see also Gebardi v. United States, 287 U.S. 112, 122, 53 S.Ct. 35, 37-38, 77 L.Ed. 206 (1932) (<HOLDING>)- Thus, “[ajpplication of the rule is dependent
holding that conspiracy to commit murder is not lesserincluded offense of firstdegree murder holding with respect to the application of whartons rule that where it is impossible under any circumstances to commit the substantive offense without cooperative action the preliminary agreement between the same parties to commit the offense is not an indictable conspiracy holding that conspiracy to commit a particular substantive offense cannot exist without at least the degree of criminal intent necessary for the substantive offense itself internal quotation marks omitted holding that a conviction for conspiracy to commit firstdegree depravedmind murder could not stand under current case law because conspiracy requires both intent to agree and intent to commit the offense which is the object of the conspiracy and depravedmind murder is an unintentional killing resulting from highly reckless behavior holding criminal conspiracy is sustained where the commonwealth establishes the defendant entered into an agreement to commit or aid in an unlawful act with another person with a shared criminal intent and an overt act was done in furtherance of the conspiracy a coconspirator may commit the overt act and conspirators are liable for acts of the coconspirators committed in furtherance of the conspiracy