Norman v. State

THOMAS, J.—

(1, 2) The indictment contained three counts in burglary, but the last was eliminated by a nol. pros, taken by the solicitor with the consent of the co-urt before the jury retired, Avhich renders a consideration of the demurrers to it unnecessary, since any error the court may have committed in overruling such demurrer (Kelly Adams v. State, infra,, 69 South. 3.57) was rendered harmless as a result of said nol. pros., even though the nol. pros. Avas not taken until the jury were impaneled and the trial entered upon; the time of the taking affecting only the question of former…