State v. Parmenter

Defendant was accused of the crime of embezzlement. He interposed a plea of once in jeopardy and moved the court to dismiss the information because thereof. The motion was denied. He declined to further plead and the court ordered a plea of not guilty to be entered in his behalf. He was tried and convicted and took this appeal from the judgment. Defendant also raised the question of former jeopardy by requesting an instruction for acquittal on that ground, which was refused.

The only question requiring consideration is whether the plea of once in jeopardy should have been sustained. The former…