Tanner v. State

Appellant was indicted, tried and convicted in the circuit court of Grenada county of the crime of robbery, and sentenced to the state penitentiary for two years. From that conviction and judgment he prosecutes this appeal.

Appellant offered evidence to show that on a former day of the court he had been tried and acquitted of the crime of assault and battery with intent to kill and murder, and that the indictment in the present case was based on the same evidence as was the indictment in that case. In other words, that in all substantial-respects the cases were the same except in name. The…