Hill v. State

The defendant was convicted as charged in the second count of the indictment, which operated as an acquittal of the charge against him contained in the first count. In fact, at the conclusion of the evidence the solicitor announced to the court that the state would not, under the evidence adduced, insist upon a conviction under the first count.

The principal insistence of error is based upon the refusal of the court to give the general affirmative charge requested by defendant, which was asked upon the grounds of the insufficiency of the testimony; it being contended that the state failed to…