State v. Less

McHUGH, Justice:

The appellant, Eugene Less, was convicted of the crime of conspiracy to commit robbery. The case is before this Court on an appeal from a final order of the Circuit Court of Marion County sentencing the appellant to not less than one nor more than five years in the West Virginia Penitentiary, and denying his motion to set aside the verdict and award him a new trial. On this *262appeal the appellant assigns the- following grounds as error: (1) the indictment charging conspiracy to commit robbery does not state an offense under W. Va. Code, 61-10-31(1); (2) W.Va.Code, 61-10-31(1) is…