Jack Lee Gerber v. State Indiana

The appellant was convicted of conspiracy to commit a felony by a jury in the Dubois Circuit Court, the Honorable Howard A.
King, presiding, and was sentenced to not less than two nor more than fourteen years. The case against the appellant was built
primarily on the testimony of an accomplice who testified in detail concerning the events surrounding the attempt to break
into a retail store. The appellant does not contest the fact that the accomplice's testimony, if believed, was sufficient
to sustain the verdict. However, he does complain of two trial court errors which in his view deprived him of a fair trial.
We find no merit in the claim that the trial court erred in this case and thus affirm the conviction. Briefly, the accomplice testified that he, the appellant, and one other person, met at his house in the Town of Bloomfield
at about 3:00 p.m. on December 18, 1968. They decided "that we were going out that night, drink a little bit, have a little
fun, and going to rob someplace." At about 5:30 p.m. they went to the Town of Loogootee and drank some more. The witness testified
that they discussed breaking into the Home Outfitters Store in Loogootee and that he personally checked it out, but that they
decided against it. Later that evening they went to Jasper, Indiana, and attempted to break into a store in that town.