Arnott v. State

A majority of the Court now reverses this conviction after it was affirmed by a unanimous Court.

Conspiracy

The majority apparently reverses for the reason given in the following statement in its opinion: “A conspiracy was not pled, proven or briefed in this case.” In addition to the above statement taken from the motion for rehearing, counsel for appellant stated in his motion that conspiracy was not urged by the State.

At the outset we note from the record that Mr. Nelson, the assistant district attorney, argued in part as follows:

“All right. What is the evidence of possession? Renting a house…