Bloodworth v. State

Deen, Judge.

1. The defendant was indicted in three counts for selling heroin, each count referring to a different day and different transaction, and each reciting "the date herein alleged being a material averment as to this count.” He was acquitted on the first count, convicted on Counts 2 and 3 and sentenced to two terms to be served consecutively. He maintains that, the sales being near in time and to the same person, he should be punished, if at all, by only one sentence. Such, however, is not the case. The rule is generally that time is not of the essence, and that on a general…