State v. Dunn

The opinion of the Court was delivered by

Poché, J.

This appeal is taken from a conviction of manslaughter.

The original charge in the indictment was for murder, and on a previous trial the accused had been convicted of manslaughter.

On his motion the verdict was set aside by the district judge and a new trial granted on the ground of the misconduct of the jury.

On the trial thus ordered, he fded a plea in bar, urging his acquittal of murder by the verdict which had found him guilty of manslaughter, and that he could not be tried for manslaughter under an indictment for murder. His plea was…