State v. Rice

After trial to a jury, the defendant, Don D. Rice, was convicted of attempted burglary and of criminal mischief causing a pecuniary loss in excess of $300. He was sentenced to imprisonment for 1 to 2 years on each count, the sentences to run concurrently. He has appealed and contends that the trial court erred in overruling his challenge to the array, in allowing him to be prosecuted on both counts, and in overruling his objections to testimony concerning the amount of the pecuniary loss.

The record shows that on March 2, 1987, the defendant proposed to Eugene Sell, an accomplice, that they…