Randle v. State

Citations

• 105 Miss. 561
• 62 So. 428

Syllabus

<p>1. Criminal Law. Indictment. Duplicity. Verdict.</p> <p>Where a defendant is tried upon an indictment charging two-offenses in the same count, but the state confined the evidence to one of such offenses only, he cannot, after verdict, complain of duplicity in the indictment.</p> <p>2. Same.</p> <p>Where an indictment is had for duplicity in charging two offenses in one count, the prosecuting officer may enter a nol pros, as to- one charge before trial, and a conviction upon the remaining charge will he good, or the prosecutor may be held to make his election upon which charge he will proceed, which is equivalent to entering a nol pros, as to the other charge.</p>