State v. . Tola

The plea of former jeopardy cannot be sustained on this record. The record shows that in the Superior Court the defendant was tried on one count of the five contained in the warrant, being the count on which defendant was convicted in the recorder’s court and from which he had appealed to the Superior Court. The defendant argues that he was prejudiced before the jury by reason of the failure of the court to ascertain before the close of the State’s evidence, what count or counts in the warrant would be submitted to the 'jury. The judgment of the recorder’s court shows only that the defendant…