State v. McIntosh

The defendant 'contends his trial and acquittal on the 'charge that he assisted Pollart in escaping detection, arrest and punishment, knowing Pollart had committed the robbery, was in effect an acquittal of the 'charge that he was a participant in that robbery. Admittedly, the plea of foamier jeopardy Should have been .sustained if the appellant had already been .tried for the robbery.

The cases are numerons in. which this Court has considered pleas of former jeopardy. Uniformly the plea has been held good if the first trial was upon a bill of indictment which embraced the offense 'charged in…