McCloud v. State

ON PETITION FOR REHEARING

CONOVER, Presiding Judge.

James H. McCloud, Sr., (McCloud), petitions this court for rehearing. McCloud was convicted of conspiracy, IND.CODE 85-41-5-2. This court affirmed the conviction and sentence, cf. McCloud v. State, (1983) Ind. App., 452 N.E.2d 1053. The petition calls our attention to the possibility of misinterpretation of some of the language in our previous opinion.

We stated in 452 N.E2d at 1056-57: In order to support its case, the State had to establish McCloud agreed to commit theft from Borden and did in fact take Borden's products as an overt act in…