State v. Smith

Practically the sole question presented on this appeal is: Was the defendant entitled to plead the judgment in the municipal court in the prosecution for assault and battery as a bar to the indictment for assault with intent to do great bodily injury? Both prosecutions are based upon the same act. The question is not an open one in this state. Although in line with the minority, it is the rule in this state that a conviction or acquittal of a charge of assault and battery does not bar a subsequent prosecution for assault with intent to do great bodily injury. This was first held in this state…