Johnson v. State

It appears to the Court from the briefs and arguments of the parties and the record of this appeal that:(1) The defendant was indicted in three separate counts on charges of burglary in the third degree (11 Del.C. § 824), attempted theft (11 Del.C. § 531), and conspiracy in the second degree (11 Del.C. § 512). 1(2) The third count of the indictment, charging the defendant with conspiracy in the second degree, alleged that the requisite overt act consisted of the crime of burglary in the third degree as charged in the first count of the indictment.(3) In a trial by jury, the defendant was…