Henderson v. State

Hawes, Justice.

Tommy Lee Henderson was indicted in the Superior Court of DeKalb County in a 3-count indictment charging him with kidnapping, murder and rape. On his arraignment he pled not guilty. Upon the call of the case for trial, the defendant filed a motion to require the State to elect upon which of the charges it would try the defendant. The court sustained the defendant’s motion as to the count charging him with rape, but overruled it as to the counts charging him with kidnapping and murder. Upon the trial of the case, the evidence introduced on behalf of the State made substantially…