Cohoe v. State

The plaintiff herein, who was the defendant in the district court, and will he so designated, was convicted of the crime of larceny as bailee, and has brought the case here for review.

It appears that the information on which he was tried contained two counts; one charging him with the larceny of $1,000 in gold, under the provisions of section 114 of the criminal code, and the other charging him with the larceny of the same money as bailee, as defined by section 121b of the criminal code. At the close of the state's evidence the defendant moved to require the prosecutor to elect upon which of…