(dissenting in part, concurring in part). I agree with the majority’s conclusion as to the first issue but cannot agree that defendant may be convicted on the conspiracy count. Defendant claims that where the conspiracy charge against a sole co-conspirator is dismissed, defendant’s conviction for conspiracy must also be dismissed.
The information charged that defendant conspired with Donald Byars and diverse other people. The evidence at trial, however, would support only a conspiracy with Byars. The conspiracy count against Byars was dropped when he pled guilty to delivery before this trial. Defense counsel moved to quash the information on this basis before trial but the court rejected the motion, ruling it was premature.
A conspiracy is a partnership for a criminal purpose. Therefore, there can be no such thing as a one man conspiracy. People v Heidt, 312 Mich 629; 20 NW2d 751 (1945). Because of the joint nature of the offense, an acquittal of all but one conspirator is, in effect, an acquittal of all. See, People v Frye, 248 Mich 678, 682; 227 NW 748 (1929), People v Alexander, 35 Mich App 281; 192 NW2d 371 (1971).
Byars was not acquitted on the merits after trial, but the dismissal of the conspiracy count in exchange for his plea to the substantive offense had the same effect. Byars could not thereafter be convicted of the conspiracy charge. Since the only person the proofs would support a conspiracy *185charge against is not subject to conspiratorial liability, the conspiracy count against defendant cannot stand. State v Jackson, 7 SC 283; 24 Am Rep 476 (1876), Feder v United States, 257 F 694; 5 ALR 370 (CA 2, 1919), Miller v United States, 277 F 721 (CA 4, 1921).
This holding should not be misunderstood. I would hold that where the proofs show that only two persons are involved in the alleged conspiracy and the charges against one are disposed of without a finding of his involvement in the conspiracy, the conspiracy count against the other cannot stand. Had the proofs shown an agreement with others, the dismissal of the conspiracy count against Byars would be irrelevant.