Goode v. State

BOWEN W. SIMMONS, Supernumerary Circuit Judge.

Appellant-defendant, an adult indigent, was indicted for rape. Trial and conviction therefor followed. The jury fixed punishment at ten years imprisonment. This appeal is from a judgment entered pursuant to the jury’s verdict.

I

Prior to the trial, defendant filed a motion with the circuit clerk as follows:

“MOTION TO DISMISS

“Comes now the defendant by and through his attorneys, John Tinney and W. Larry Ray, and moves the Court to dismiss the above styled case against him on the basis that the State ought to be collaterally estopped from prosecuting…