State v. Hannebrink

An indictment returned in the -Circuit Court of Cape Girardeau County charged that, February 15, 1930, Bill Hannebrink and Howard Henson committed a felonious assault upon Sam Davis and Sherman Davis, using a deadly weapon with intent to kill. The trial was had September 11, 1930. After the jury was sworn the State announced that it would elect to proceed for the assault upon Sam Davis, and not for that upon Sherman Davis. Defendants objected. Objection overruled and defendant excepted. The trial proceeded for the assault upon Sam Davis alone. At the close of the evidence nolle prosequi was…