State v. Nicholson

Caplan, Chief Justice:

Upon an indictment, returned by the grand jury serving the Circuit Court of Harrison County, charging the defendant, Darrell Lee Nicholson, with the offense of accessory before the fact to the crime of breaking and entering, the defendant was found guilty and was sentenced to a term in the state penitentiary. Upon the refusal of the court to set aside the verdict, the defendant prosecuted this appeal. We reverse and remand the case for a new trial.

The indictment under which the defendant was convicted contained four counts. The second count under which the jury found the…