State v. Davidson

The defendant was indicted under section 28, 1 Wagner’s Statutes, 457, for a larceny- in a dwelling house. The indictment is in usual form. On trial had, the jury returned this verdict: “ We, the jury, find the defendant guilty of petit larceny, and assess his punishment at. a fine of $100 and imprisonment in the county jail for three months.”

I

We denied at last term a motion to affirm the judgment in this case, which motion was based on the failure of the defendant to “ prosecute his appeal.” The point is still urged that he yet continues in default in that particular. In civil causes, for…