dissenting.
I dissent from the majority’s conclusion that the evidence was insufficient to support appellant’s conviction for conspiracy. A person is guilty of conspiracy with another under Section 903 of the Crimes Code if, with the intent of promoting or facilitating the commission of a crime, he agrees with that other to engage in conduct constituting the crime, or if he “agrees to aid such other person or persons in the planning or commission of such crime. . . . ” 18 Pa.C. S.A. § 903.1 Appellant’s version of the circumstances surrounding the death of the victim, which the majority adopts, was not accepted by the trier of fact. The jury found that appellant agreed to aid his partner in the assault upon the victim. Any further element of agreement which the majority would require to establish the offense of conspiracy is neither consistent with the statute nor mandated under our case law. No formal contract of conspiracy is required. See Commonwealth v. Mobley, 467 Pa. 460, 359 A.2d 367 (1976); Commonwealth v. Roux, 465 Pa. 482, 350 A.2d 867 (1976).2 The Commonwealth produced ample evidence from which the trier of fact could conclude that the elements of conspir*398acy had been established. The Superior Court erred in arresting the conspiracy judgment; this Court should reverse that order.
HUTCHINSON, J., joins in this dissenting opinion.. Section 903(a) of the Crimes Code, defining criminal conspiracy, provides:
§ 903. Criminal Conspiracy
(a) Definition of conspiracy. A person is guilty of conspiracy with another person or persons to commit a crime if with the intent of promoting or facilitating its commission he:
(1) agrees with such other person or persons that they or one or more of them engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or
(2) agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.
18 Pa.C.S.A. § 903(a).
. In Commonwealth v. Mobley, 467 Pa. 460, 359 A.2d 367 (1976), this Court upheld a conspiracy conviction against a similar challenge to the sufficiency of the evidence. In that case, the accused and his companions encountered members of a rival gang, had an exchange of words, and proceeded to chase and fight their adversaries. Chief Justice Jones, speaking for a unanimous Court, concluded that evidence that the accused voluntarily joined his companions in their attack upon the rival gang was sufficient to support his conspiracy conviction.