Fields v. State

Bell, Justice.

1. On a prosecution for the offense of rape, after a plea of not guilty had been entered on an indictment, and after the voir dire questions had been propounded to a panel of twelve jurors, but before any of the jurors had been sworn in chief (Code, § 59-709), the solicitor-general stated to the court that the clerk had handed to him the wrong indictment, and that he wished to withdraw the one on which such plea' had been entered and to substitute a different indictment in which a different female was named as the “alleged victim;” whereupon the attorney for the defendant moved…