State v. Mahoney

I

JOHN EDWARD MAHONEY (appellee), Will Smith Mahoney and Charles William Van Hoozier were jointly charged in the 1st count in the indictment returned against them with robbing Michael James Breuer with a deadly weapon on 11 August 1967. The indictment presented related offenses set out in six additional counts. John Mahoney was separately tried by a jury in the Circuit Court for Montgomery County. On 14 June 1968 he was convicted under the 1st count and sentenced to 20 years.* 1 On direct appeal from that judgment, he claimed only that the indictment was defective because of a misjoinder of…