Barlow v. State

Blandford, Justice.

1. The plaintiff in error was accused in the city court of larceny from the house by stealing therefrom certain chickens. The original accusation was for simple larceny for stealing the chickens of Cunningham, the prosecutor. *449The solicitor-general, who prosecuted the case in the absence of the city solicitor, who was indisposed, before the trial was entered on, asked the counsel for the accused if they would agree that the accusation should be so amended as to charge the offence to be that of larceny from the house; this they agreed to in open court, the accused being…