Sigh. I gather that you don't grasp the application of a legal defense, vs. a finding of probable cause.
71.03 only operates to deny a defendant the right to argue innocence of conspiracy, based on absence of commission of the underlying offense. The fact that statutory law denies this defense is irrelevant to deciding whether or not there is probable cause for commission of the underlying offense, or for conspiracy to commit the underlying offense.
Again, the blockquote I provided is not from me, it is from the Texas Tenth Court of Criminal Appeals. The judges hearing that case assert that the affidavit does not recite an allegation (and therefore does not recite probable cause) that the accused committed any of the underlying offenses.
Two of three of the judges found that the affidavit did recite sufficient basis from which to infer conspiracy.
You originally said in a reply to me ...
-- When police witness you participating in a deadly gang fight, that's all the probable cause they need. --
My point is that the police have yet to produce an affidavit showing probable cause that any particular individual participated in a deadly gang fight. The police have not "named names" of the participants, using your definition "took part in the violent gang fight that day."
To your remark @509, "Lol, you are the one who brought up "participated", it has no relevance to my original comment", I refer you to your post, No. 307 in this thread, as well as the short dialog with don-o, where you, in post 321, again refer to participants.
As far as our discussion is concerned, your post 307 is your original comment, at least the first comment in the discussion we've been having.
“Sigh. I gather that you don’t grasp the application of a legal defense, vs. a finding of probable cause.”
The police have all the probable cause they need, the judges have already determined that. They’re the authority on the matter, not you buddy, as much as you wish that you were.
“I refer you to your post, No. 307 in this thread, “
Which weren’t the comments you were replying to when you brought it up. I’m sure I could randomly grab words out of your previous posts to try to construct some kind of argument, but that wouldn’t make much sense. I guess it’s what you have to do if you’ve got nothing else.
Fine post. There are complexities that do need careful sorting out. You contribute greatly to that.