Stevens v. State

In the indictment, as shown by the record, are two counts. In the first count the plaintiff in .error is charged *203with the commission of the crime of rape, and in the second count he is charged with an assault with intent to commit a rape. In the Circuit Court for Somerset County, he was arraigned and pleaded not guilty, and was tried, convicted and sentenced to be hanged.

The verdict of the jury was “ guilty of the charge in the first count.” A motion for a new trial was filed and was overruled. A motion in arrest of judgment was then filed, founded on the apparent fact that the jury, in…