BOBBITT, Justice.
Defendant assigns as error the overruling of his plea of "former conviction" by Brock, J., at May 1966 Mixed Session.
Defendant based his plea of "former conviction" on the fact the indictment for felonious assault to which he pleaded guilty at May 1965 Session, and the indictment for murder returned at February 1966 Session and on which defendant was tried at the October-November 1966 Session, arose out of the same transaction, namely, the...
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