State v. Ray Bell Oil Co.

I respectfully dissent.

The majority opinion concludes its decision by stating, “The trial court erred in dismissing the charge under § 57-l-l(A), and in ruling that a conspiracy to control must be prosecuted under § 57-l-l(B). The charges, being in the alternative, were proper in that one crime was charged as having been committed in two ways. * * * Trial should proceed under the alternative charges. If the State’s proof is insufficient to show that the alleged conspiracy resulted in control of gasoline prices, the charge under § 57-l-l(B) should not be submitted to the jury.”

I would agree…