Mikell v. State

GARDNER, Chief Justice.

The Court of Appeals has reversed the judgment of conviction against one John Jolly Mikell for the offense of rape upon two grounds, each of which, however, bears relation to the plea of autrefois acquit filed in the cause by said defendant.

The first ground relates to the exception to the oral charge of the court and the second to the action of the court in failing to submit to the jury the plea of autrefois acquit separately from that of the general issue. We are unable to concur.

The girl in this case, the alleged victim of the assault, insisted, as the opinion of the…