Under Texas law,a husband and wife team who commits a burglary can be convicted of burglary but cannot be convicted of conspiracy to commit burglary because a married couple is treated as one legal person in the eyes of the law.Thus,no conspiracy of two or more persons exists.

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While Texas law does treat a married couple as one legal entity in some contexts, such as property ownership and liability, it does not mean that a husband and wife cannot be charged with conspiracy to commit a crime. The Texas Penal Code specifically states that a person can be charged with conspiracy if they "agree with one or more persons that they or one or more of them engage in conduct that would constitute the offense..." Therefore, a husband and wife who plan and execute a burglary together could potentially be charged with both burglary and conspiracy to commit burglary.

Under Texas Law,a Husband and Wife Team Who Commits a Burglary