State v. Hoyt

(concurring). — The defendant, after his arraignment and plea, moved to strike out portions of the indictment, which alleged that the defendant had served a sentence in the county jail in Jackson County fox* a misdemeanor, also that he had served a term of ten yeax’s in the United States pexxitentiai’y at Atlanta, Georgia, upon a charge of conspiracy in violation of the Interstate Commerce laws. The court sustained that motion, and proceeded to trial upon the indictment as it then stood, charging the defendant with x*obbery in the first degree, and stating that the defendant was sentenced and…