Clary v. State

ENGLISH, C. J.:

James Clary, George Hall and Charles Hall were indicted in the Circuit Court of Pulaski county for burglary and robbery. On the first count, which charged them with breaking and entering a railroad car in the night time with intent to commit .a felony, they were acquitted. They were found guilty on the .second count, and the jury fixed their punishment severally at imprisonment in the penitentiary for seven years and six months. They filed a motion in arrest of judgment, which the ‘Court overruled.

On motion of the prosecuting attorney, and upon a showing made to the court (not…