Anthony v. State

HARRIS, Judge.

From a conviction of robbery and a fifteen-year sentence imposed by a jury in the Circuit Court of Montgomery County, this appeal is prosecuted. We have before us a transcript of the record, a demurrer to the indictment, a motion to dismiss the indictment and discharge the defendant, a plea of former jeopardy, refused affirmative charges, and a motion for a new trial.

The basis for the motion to dismiss the indictment and discharge the defendant, and the plea of former jeopardy, arise out of the following facts:

On May 19, 1970, the defendant, attended by counsel of his choice,…