Archbold v. State

SHIELDS, Judge.

Appellant Keith Archbold was tried and convicted by jury of Conspiracy to Commit a Felony. He argues the offense was not committed because the named coconspirator was an undercover law enforcement officer acting within the scope of his duties and feigning participation in the criminal enterprise. We agree, and reverse the trial court and order Archbold discharged.

The statute under which Archbold was indicted provides, in part:

*1072Any person or persons who shall unite or combine with any other person or persons for the purpose of committing a felony . . . . IC 35-1-111-1 (Burns Code…