Jones v. State

Jackson, Judge.

The defendant was indicted for simple larceny and put on trial. The indictment was nol. prossed without his consent, on the ground that the day on which the offense was laid was an impossible one, being subsequent to the trial. He was then indicted for burglary in the same transaction, and pleaded his former jeopardy on the indictment for larceny. The court overruled the plea and he was convicted of the burglary. A motion for a new trial was made on tins and other grounds disclosed in the record. That motion was refused by the court, and this refusal to grant the new trial is…