Kelly v. State

This appeal is from a judgment of conviction for assault and battery.

The record discloses that after the prospective jurors were seated in the jury box on the date of trial, but before the voir dire examination had begun, the appellants made an oral motion that they be discharged from further prosecution and that they go acquitted by reason of having theretofore been placed in jeopardy for the identical offense charged in the affidavit in this cause in the City Court of Evansville, and at the same time asked that they be permitted to offer evidence in support of this motion. This request was…