State v. Hamilton

OPINION BUSH, Judge.

This is the Court’s decision on defendant’s motion to dismiss an indictment for reasons of double jeopardy. The pertinent facts are as follows:

On January 4, 1973, the defendant, Robert F. Hamilton, allegedly broke into the house of one Judith Young and dragged Miss Young from the house into the street and beat her severely. The defendant was arrested shortly thereafter by Wilmington police officers and charged with burglary in the second degree and assault and battery upon Miss Young. On March 22, 1973, the defendant was found guilty of the assault and battery charge in…