Cole v. State

— Defendants-appellants Terry Cole and Joe Coyle appeal their convictions on two counts of conspiracy to. commit a felony, to-wit: burglary, presenting three issues for review:(1) Whether they were placed in jeopardy twice for the same offense.(2) Whether the penalty clause of the Indiana conspiracy statute is unconstitutional.(3) Whether defendants should have been given credit for pre-conviction incarceration.

The record reveals that in the early morning of March 6, 1974, defendants were observed by two members of the Salem Police Department as they unsuccessfully attempted to gain entry…