Supreme Court of Connecticut June 15, 1828 (State v. Shepard)

Daggett, J.

In support of the motion, the counsel for the prisoner relies solely on this position, viz. that he may now be *56indicted for a rape ; and therefore, mav be twice punished for Qne offence>

At the trial at the circuit, the only point urged, was, that the less crime was merged in the urcater.