Rivers v. State

The appellant' was prosecuted by *17affidavit and information charging him in the first count thereof with burglary and in the second grand larceny.

On motion the State was compelled to elect on which count she would prosecute, and it elected to proceed under the second. No reason has been suggested for this order, nor have we discovered any.

The appellant pleaded not guilty. A trial of the issue thus formed resulted in a verdict of guilty of grand larceny and fixing the punishment at ten years imprisonment in the State’s prison, a fine of $1,000 and disfranchisement for ten years. The court…