State v. McCabe

The respondent was, in an information containing two counts, charged with two distinct crimes of the same class, namely, a robbery committed upon one Hennessy on January 28, 1927, and a robbery committed upon one Pond on March 25, 1927. Respondent’s motion for a separate trial on each count was denied; and after a trial upon both counts, to the same jury, a verdict of guilty upon each count was rendered. The trial court denied a motion for a new trial on July 6, 1927, and thereafter, upon application for a reconsideration, based upon the Departmental opinion of this court in State v. Brunn,…