McGraw v. State

1. The defendant, in his motion to require the State to elect, avers that the offense charged in count 1 of the indictment is based upon and must be supported by the same evidence and grows out of the identical overt acts which the State relies upon to support the charge in count 3, and that therefore the same offense is set out in count 1 as is set out in count 3. The defendant avers that to permit the State to prosecute him simultaneously on these counts subjects him to double jeopardy and subjects him to the penalties involved in count 1 and at the same time to those involved in count 3,…