Ex Parte Wilcox

We granted certiorari in this case to review the issue of whether the state, at the close of its case, can be compelled to elect the count in an indictment upon which it seeks a conviction.

The defendant was tried before a jury in the Circuit Court of Madison County on a three-count indictment charging second degree burglary, grand larceny, and, buying, receiving or concealing stolen property. The defendant moved to require the state, at the close of its case, to elect upon which count it would seek a conviction. The defendant's motion was denied and the case was submitted to the jury on all…