McGill v. State

■Smith, J.,

dissenting. The law applicable to this case is correctly stated in the quotation appearing in the majority opinion in the case of State v. McMinn, 34 Ark. 160, but, in my opinion, has been misapplied.

The only difference between the first and second in-formations in this case is the date of the alleged commission of the offense, but both dates are subsequent to the date of the filing of the first information. It, therefore, appears that appellant could have been convicted under the first information upon the same testimony on which he was convicted under the second information.

Now,…