Smith v. State

HARWOOD, Judge.

This appellant has been found guilty of assault with intent to rape.

In a former proceeding he had been indicted for carnal knowledge of a girl under twelve years of age. That indictment arose out of the same facts and on the same occurrence as the present charge. The judgment in this former case was reversed by us for two reasons: First, that the indictment was void ifor the reason that it was returned by a grand jury without legal warrant in that the grand jury had not been properly drawn, and second, that the jury’s verdict finding the appellant guilty of assault with intent…