State v. Birckhead

Defendant assigns as error the denial of his plea of former jeopardy.

The date of the alleged offense is 29 December 1960. At the February Term 1961 the grand jury returned a true bill of indictment against defendant for an assault with intent to commit rape. During the second week of that term defendant was placed on trial on this charge. He was arraigned and pleaded not guilty. A jury was sworn and empaneled. The State offered evidence. In the course of prosecutrix’s testimony the following transpired:

“Q. What, if anything, did this man do with his private parts?

“A. He just, he just, had…