Sorry guys, I might have confused you more...

The primary purpose of me using Julie's hypo was to explain that it 
is possible to have an ATTEMPT and a CONSPIRACY. (IE: attempted 
robbery and conspiracy to rob a bank.) 

However, I shouldn't have used the example of murder because it gets 
all confusing. Rik is right, in the sense that you cannot get 
conspiracy to commit a murder which lacks an actual intent. (2nd 
degree murder)

Conspiracy to commit murder requires an INTENT TO KILL and cannot be 
based on a theory of implied malice. Therefore, the crime of 
conspiracy to commit murder required a finding of unlawful intent to 
kill (express malice), and that such an offense could NOT be 
committed if the underlying objective was second degree implied 
malice murder. 

So-- if you want to use conspiracy to commit murder, it must be 1st 
degree murder. You must prove the premeditation and deliberation 
aspect of the mental state necessary for 1st degree murder.

Does that make sense?
Anna