Bell v. State

1. Was the plea of former jeopardy, under the facts alleged therein and admitted by the State, good in bar of the prosecution under the indictment for assault with intent to *398commit a rape? The facts set forth in the plea show that the prosecution in the criminal court of Atlanta put the accused in jeopardy of a conviction of assault and battery and in jeopardy of a conviction of assault. This is not disputed by the State. The State contends that, while this is true, the accused was not in jeopardy so far as the crime of assault with intent to commit a rape is concerned, and that the jeopardy…