State v. Arnold

Appellant was charged, in one information by separate counts, with the crime of assault with intent to commit rape and with forcible rape. A jury found him guilty on both counts, and the court by its judgment sentenced him to pay a fine of $1,000 and costs on the first charge and to five years imprisonment in the state penitentiary on the second charge, and “these two sentences to be cumulative and not concurrent.” From this judgment, the defendant has appealed.

It is urged that the trial court erred in denying a motion to withdraw the first count from the consideration of the jury, in denying…