State v. Boyles

— Appellant was prosecuted in the lower court on an information charging him with two counts of sodomy. In count one he was charged with that crime committed on one Dale Fiscus on or about April 6, 1936. In count two, he was charged with that crime committed on one Ivan Johnson on or about July 8, 1937.

On the trial, he was convicted by the jury on count one, and acquitted on count two. From that conviction and sentence thereon he appeals.

Appellant assigns the following errors: (1) In denying appellant’s motion to require the prosecuting attorney to elect upon which of the two counts set out…