charging “different phases of the same transaction under the same statute” in two counts not only proper and “expressly provided for by statute,” but “commendable as good criminal pleading”
How later courts described this case
- charging “different phases of the same transaction under the same statute” in two counts not only proper and “expressly provided for by statute,” but “commendable as good criminal pleading”
- “Appellant filed with the judge several grounds of objections to his charge. He also requested some 11 special charges, all of which were refused, except the one to disregard the second and third counts above mentioned, which was given. In neither requested charge, nor in any way connected therewith, did he give any reason or statement why it should be given. This is essential in even a felony case.”
Written by the judges who cited it.
The opinion
I can not agree to this affirmance and may write later.
ON REHEARING. November 1, 1916.