Wingo v. State

Elliott, J. —

The appellant was tried upon a charge of larceny and acquitted. This judgment was sustained by this court upon the ground that he could not be guilty of the of-fence of larceny under the statute, because the offence charged constituted embezzlement. State v. Wingo, 89 Ind. 204. The court below, upon his acquittal, directed that he be taken into *344custody on the latter charge. To the indictment charging the crime of embezzlement the appellant pleaded in bar the former judgment acquitting him of larceny, and to this plea the demurrer of the State was sustained, but no final judgment…