State v. . Whiteside

Stacy, O. J.,

after stating tbe case: Robert Whiteside, apparently alone and unassisted, attempted to rob tbe Imperial Theatre in Asheville on Saturday night, 28 January, 1933. Did Pete Cannon aforetime agree to help bim? This is tbe gist of tbe crime charged against bim and of which be stands convicted.

A conspiracy is tbe unlawful concurrence of two or more persons in a wicked scheme' — tbe combination or agreement to do an unlawful thing or to do a lawful thing in an unlawful way or by unlawful means. S. v. Lea, 203 N. C., 13, 164 S. E., 737; S. v. Ritter, 197 N. C., 113, 147 S. E., 733.…