State v. Burnside

PRITCHARD, Chief Judge.

This case began upon the filing of an information in two counts with the commission of the crimes of rape and of kidnapping. On the day of trial, March 25, 1974, an amended information was filed charging two additional offenses, robbery in the first degree and assault with intent to kill with malice aforethought, and the trial proceeded, after the trial court (over appellant’s objection) conducted a preliminary hearing and found probable cause on the two additional counts.

The jury found appellant’s guilt on all four counts of the amended information but was unable to…