COCONSPIRATOR’S EXCEPTION

coconspirator’s exception.An exception to the hearsay rule whereby one conspirator’s acts and statements, if made during and in furtherance of the conspiracy, are admissible against a defendant even if the statements are made in the defendant’s absence. See Fed. R. Evid. 801(d)(2)(E). — Also termed coconspirator’s rule. See HEARSAY. [Cases: Criminal Law  422–428; Evidence  253. C.J.S. Criminal Law §§ 972–977, 979–997; Evidence § 452.] C.O.D. C.O.D.abbr.1. Cash on delivery; collect on delivery. • By consenting to this delivery term, the buyer agrees to pay simultaneously with delivery and appoints the carrier as the buyer’s agent to receive and transmit the payment to the seller. With C.O.D. contracts, the practice of carriers has traditionally been to disallow inspection before payment. [Cases: Sales  82(3).] 2. Costs on delivery. 3. Cash on demand. — Sometimes written c.o.d. [Blacks Law 8th]