People v. Bigge

Defendant appeals from conviction for embezzlement in trial by jury in Manistee county. A conviction for the same offense on a former jury trial was reversed by this court and the case remanded for a new trial. People v. Bigge, 288 Mich. 417. Appellant now seeks his discharge, or a reversal, for several reasons which will be considered in order.

Appellant claims he should be discharged on the ground of former jeopardy because of certain occurrences between the first and second jury trials. After the first conviction was reversed, the case was set for jury trial in Manistee county September 8,…