State v. Harras

The opinion of the court was delivered by

Gordon, C. J.

The appellant was convicted of larceny under an information which charged him with steal*58ing “four head of neat cattle.” The conviction was set aside and a new trial awarded in the superior court upon the appellant’s motion. Thereafter his counsel moved for his discharge and an entry of judgment of acquittal, upon the ground that at the former trial the jury had been permitted to separate without the consent of the defendant. His motion was denied, and exception preserved. Thereupon a plea of former acquittal was entered, and upon the issue…