State Ex Rel. Gray v. McClure

McGraw, Justice:

The defendant was indicted in Ohio County for rape and sodomy. An agreement was reached between the defendant and Assistant Prosecuting Attorney A. Dana Kahle whereby the defendant would plead guilty to sodomy and be given credit for time served in the Ohio County jail on these charges if the prosecution would enter a nolle prosequi to the rape charge. The defendant desired the bargain on two conditions. The first was that he be permitted to exhaust his remedies on a question raised on the sufficiency of the warrant, and the second was that his counsel be permitted to…