Eidson v. State

ON MOTION ROE REHEARING.

Gardner, J.

The defendant was tried on an indictment containing three counts. He was convicted on one count for a battery alleged to have been committed in 1939. The State abandoned a count which alleged another battery in 1938, and he was acquitted on one count. It is contended, since the State abandoned such count, and since the jury acquitted on another count as to a crime alleged to have been committed in 1938, that the evidence submitted to the jury on the year 1938 transactions was sufficient evidence to form an issue as to the general good character of the…