King v. State

OPINION ON PETITION TO REHEAR

RUSSELL, Judge.

A proper petition to rehear has been filed by the State. Since these convictions were reversed upon an unbriefed error, we commend the State for bringing to our attention its position. While there is some support in the case law for the acceptance of a general verdict and the application of it to the highest good count in an indictment and the rendering of a judgment thereon, the case at bar is readily distinguishable.

In the instant case three offenses of equal rank were charged. The trial judge charged the jury that they need not decide of which…