State v. Garland

— The defendant was' convicted of the crime of grand larceny. He appeals from a judgment pronounced upon the verdict of a jury.

It appears that this is the second trial of the case upon the same state of facts. The defendant was found guilty upon the first trial, but upon his motion, the court granted a new trial. The reason for granting this motion does not appear from the record, but appellant states that the motion “was granted because of fatal variance and other reasons.” Thereafter the prosecuting attorney filed another information as follows, omitting the formal parts:

“The said William…