State v. Gorham

I agree that there was no prejudice in the failure to dismiss the first count of the information before any evidence was taken, or at all, in view of the fact that the jury acquitted on the first count. But I place my conclusions on reasons other than those stated in the prevailing opinion. I think that if there was any evidence introduced in support of the first count which was not material to the second count, or if there were any instructions in regard to the first count not material to the second count, and either such evidence or such instructions might have influenced the jury in…