Hughes v. State

BOWEN, Judge.

The defendant was indicted and convicted for assault with intent to murder a twenty-one year old mentally retarded black female. Sentence was ten years’ imprisonment. The defendant, in a separate trial, had been convicted for rape of this same individual. Sentence in that case was life imprisonment.

The evidence in this case is similar to that presented in the rape case. Hughes v. State, Ala.Cr.App., 385 So.2d 1010 (1980).

I

The defendant contends that his pri- or conviction for rape barred his trial for assault with intent to murder under the principles of former jeopardy. Despite…