Monastakes v. State

Wolcott, Ch.,

delivering the opinion of the majority of the court:

Of the points raised by the argument we deem it necessary to notice only those that áre suggested by the sixth, third, and second assignments of error referred to in the preceding statement of facts.

First, as to the sixth and third assignments of error, we are constrained to hold them well taken. If a man is charged with having committed two crimes and is tried and convicted for one, may he on appeal from that conviction be tried and convicted for the other? That is the question which the sixth and third assignments of error…