Dutton v. Smart

Almand, Justice.

This is an appeal from a judgment granting a writ of habeas corpus. David M. Smart, appellee here, was indicted by the grand jury of Chatham County, on February 3, 1954, in separate indictments for the crimes of burglary and assault with intent to rape. While the date of the crime charged in each indictment was not the same, this mistake was recognized by all parties and is not material to the issue before us. The record shows that the appellee was tried under the two indictments at the same trial, and the evidence showed that the assault with intent to rape was committed…