This section contains the nature of the case and procedural background.

Brown testified that he and Burleson (D) agreed to rob Middletown State Bank. The two parties cased the bank and decided to use two cars in the robbery. One would be left on a rural road near Middletown with a change of clothing for each conspirator. D agreed to secure a shotgun and Brown agreed to get the disguises and a container for the money. They agreed to rob the bank on Saturday but decided against it when they noticed too many people in town and around the bank. The agreed to try that next Tuesday. They executed their plan and changed cars got into the disguises and approached the bank's front door. As they neared the door, a man bolted the door from the inside. D and Brown then scrambled back into the car and returned to the getaway car, and minutes later they were arrested. D was convicted and appealed; D questions the ability to convict him of conspiracy when the alleged conspiracy arose from the same course of conduct that for the conviction for attempted robbery.

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