DeHart v. Blande

Dissenting Opinion

Gilkison, J.

On December 29, 1947, appellant was charged by affidavit regularly filed in the Marion Criminal Court, Division No. 2, with the crime of robbery while armed with a deadly weapon, as defined by Sec. 10-4709, Burns’ 1942 Repl., and the cause was given No. 4609-Z in said court.

On February 11, 1948, another affidavit was filed in the same court, charging appellant with the same offense, in the same language as the first affidavit, and it was given No. 4644-Z in said court. At the time this affidavit was filed, cause No. 4609-Z noted above, was pending in said court.

On…