Smith v. State

SIMPSON, Justice.

This is the second appeal in this case.

The question is whether the appellant (defendant) is entitled to be discharged from further prosecution on the pending indictment.

The indictment charged him with the statutory offense of having carnal knowledge of a girl under the age of twelve years. ■Code 1940, Title 14, § 398. On a trial under this indictment no verdict was returned as regards that charge, but he was convicted of assault with intent to rape. The court received the verdict, the jury was discharged without the consent of the defendant and, after sentence, an appeal was…