State v. Aus

By information filed by leave of court on June 26, 1936, defendant was charged with the theft of a colt on December 20, 1935. He was tried, found guilty, and sentenced to a term in the penitentiary. His motion for a new trial was denied, and he appealed from the judgment and from the order denying a new trial. The sole question presented by the appeal is whether the court erred in denying defendant’s plea of once in jeopardy.

In support of that plea it was shown that prior to the filing of the information in the ease here involved, defendant was charged with the larceny of another colt on…