Russau v. State

BROWN, J. —

The defendant was tried in the circuit court on a complaint filed by the solicitor charging petit larceny, to which he interposed a plea of not guilty. The issue thus formed, being submitted to a jury, was determined against him and he appeals.

(1, 2) The questions presented arise from the refusal of defendant’s motion in arrest of judgment and motion for new trial. There are only two ways that the jurisdiction of the cir cuit court could attach in this case. The first is by indictment preferred by a grand jury impaneled in that court, and the second by appeal from some court over…