Hall v. State

The accused and two of his brothers were tried on an indictment containing two counts. The first count charged robbery by force and violence. The second count charged robbery by intimidation. The accused was tried separately from his brothers. After the evidence had been adduced the court instructed the jury, in effect, that the defendant could not be convicted on the first count. This was equivalent to saying that the State had abandoned that count. The jury returned a general verdict of guilty. Under the facts just stated, the verdict, properly construed, meant guilty on the second count,…