Steele v. State

In an indictment containing two counts plaintiff in error was charged with forgery and uttering a forged instrument. The trial upon this indictment resulted in a verdict of guilty as charged. Motion for new trial was made and granted as to the first count charging forgery, but denied as to the second count charging the uttering of a forged receipt. To review the judgment imposing sentence writ of error was taken.

The ruling of the trial court denying defendant’s motion to require the State to elect between the two counts of the indictment before proceeding with the trial is assigned as error,…