Cherry v. State

OPINION

WALKER, Presiding Judge.

The defendant below, Hassell Cherry, was convicted in Anderson County of (1) kidnapping and sentenced to four to ten years in the penitentiary and (2) assault and battery with intent to commit rape and sentenced to six to twelve years in the penitentiary. The trial judge ordered the *53sentences to be served concurrently. He directed a verdict for the defendant in a charge of robbery heard at the same time.

On his appeal in error the defendant first says the court erred in overruling his plea in abatement. In addition to the kidnapping charge, he was first indicted…