State v. Sanders, 208 N.C. App. 142

On December 10, 2008, Norman invited Sanders and Gillikin to join a planned fight with Salter over Gibbs' affections.
They drove to Lester's home, were told to leave, then returned toward Buffaloes' residence with beers and aggressive conduct.
At the Buffaloes' home, defendant's father punched Justin Buffaloe; defendant's group joined the altercation after a challenge to a war.
Defendant retrieved a wooden dowel and struck Mark Buffaloe, causing serious injuries including a fractured skull and brain hemorrhage.
Indictments charged one count of assault with a deadly weapon inflicting serious injury and one count of felony conspiracy to commit such assault.
The jury was instructed on conspiracy as an implied agreement; verdicts found defendant guilty of the lesser assault and conspiracy charges; sentence 24–38 months.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there substantial evidence of a conspiracy to assault Buffaloe?	Sanders argues no meeting of the minds to assault Buffaloe.	State contends implied agreement existed from conduct and imminent joiners.	Yes; substantial evidence supported conspiracy.

State v. Gell, 351 N.C. 192 (2000) (conspiracy elements; implied agreement allowed)
State v. Lawrence, 352 N.C. 1 (2000) (mutual, implied understanding suffices)
State v. Whiteside, 204 N.C. 710 (1933) (conspiracy can be proved by indirect evidence)
State v. Christopher, 307 N.C. 645 (1983) (meeting of the minds requirement)
State v. Larrimore, 340 N.C. 119 (1995) (jury question for conspiracy existence)