Holland v. State

VEASEY, Chief Justice:

In this appeal we reverse a judgment entered on a conviction of conspiracy to commit second degree assault. The problem here is that the jury disagreed on the second degree assault charge, the underlying overt act. A mistrial on that charge was declared because of the hung jury. Since the indictment did not charge that a person other than the defendant committed the overt act, and there was no conviction of the defendant on that charge, the conviction on the conspiracy charge cannot stand. This case is legally indistinguishable from our prior jurisprudence holding that…