Poyner v. State

By an indictment containing three counts plaintiff in error was charged with the crime of robbery and larceny. The first and third counts charge robbery and the second charges larceny. There was a motion to quash the indictment, which motion was overruled. Upon, a trial of the case a general verdict of guilty as charged was returned. , After verdict motion for a. new trial was made and overruled. In overruling this motion the .trial judge recited that he did so after arresting the judgment on the first count and declining to impose sentence under *728the third count. At the same time an order was…