Holt v. State

John Holt prosecutes this appeal in error from a judgment of conviction for unlawfully carrying a pistol. The State introduced one witness whose testimony tended to show the commission of that offense at one time and place, and other witnesses whose testimony tended to show a like breach of the law at another time and place. At the conclusion of the whole evidence the defendant moved the Court to require the State to elect which of the two imputed infractions the jury should try him for. That motion was overruled and the entire case submitted for a verdict. The Court’s action was erroneous.…