State v. Whipple

Mervin Whipple appeals his conviction upon a two-count information charging him with assault with intent to inflict great bodily injury, and a forcible taking of property of value with intent to rob and steal. The jury found defendant guilty of the lesser-included offense of assault and battery on the first count, and guilty of the offense of assault with intent to commit robbery on count two.

Defendant assigns as error the refusal to direct a verdict in his favor; the verdicts of the jury are inconsistent as a matter of law; the defendant is being punished twice for the same offense; and the…