Gardner v. State

Broyles, 0. J.

1. Where, by oversight, inadvertence, or otherwise, the defendant is put on trial upon an indictment which charges that he assaulted one Oharlie Johnson, with the intent to murder him, and during the trial it develops that the person so assaulted was Robert Johnson, and where, on motion of counsel for the defendant, a verdict is directed for the defendant, such acquittal can not be pleaded in defense to another indictment, charging the same defendant with assaulting with intent to kill one Robert Johnson. This is true although it was the intention in the first instance to indiet…