Wilcox v. People

A three-count information was filed against Wilcox and Gregory, charging them with burglary, conspiracy to commit burglary, and possession of burglar tools. To these charges they pled not guilty. At the conclusion of the trial, the jury returned verdicts finding the defendants guilty on all counts.

After the hearing had on motion for a new trial, the trial court dismissed the third count as to both defendants, holding that the matters therein alleged became merged in the burglary count. The trial court then denied the motion for new trial. Sentences were there upon imposed on the verdicts…