Revell v. State

On an indictment containing three .counts charging embezzlement, plaintiff in error was, after arraignment and plea of not guilty, put on trial. At the conclusion of the evidence for the State, the defendant offering .none, the jury was instructed to find him not guilty on the first count. The issue made by the plea of not guilty on the second and third counts was submitted to the jury. The verdict returned found the defendant guilty upon the second count but not guilty upon the third count. Sentence was imposed adjudging him guilty *404upon-this verdict. Writ of error was taken from this court.

Th…