Newby v. State

Pope, Judge.'

Michael Delmar Newby was indicted on three counts of armed robbery (Counts I, VI and VII), two counts of aggravated sodomy (Counts IV and V), one count of rape (Count III), and one count of aggravated assault (Count II). Following severance of Counts I, II and VII defendant was tried on Counts III, IV, V and VI (Case No. 63155) and was convicted of one count of aggravated sodomy, rape and robbery by intimidation; he was acquitted on the other count of aggravated sodomy. While the jury was considering their verdict in this case, defendant was tried on Count I (Case No. 63154) and…