Dodge v. State

Throughout this opinion the plaintiff in error will be called the defendant, and the defendant in error the State.

In the first trial, in which the defendant was convicted of simple assault, as well as in the second trial, the court charged the jury that it might re turn one of four forms of verdict: (1) Guilty as charged; (2) guilty of assault and battery; (3) guilty of assault, and (4) not guilty.

It is in brief the contention of the defendant that, since the offenses of assault and assault and battery were identical upon the two trials, he was placed in jeopardy in the first trial upon the…