Mauldin v. State

SAMFORD, Judge.

The indictment was in two counts. The first count, although not numbered, charged the defendant with larceny of eleven hogs. Count 2 charged the defendant in statutory form with the embezzlement of eleven hogs.

On the trial in the circuit court-the judgment entry recites; “This cause being ■called by the court comes the Solicitor, Hon. Geo. W. Andrews, Jr., who prosecutes for •the State of Alabama, also comes the defendant in his own proper person, attended •by his counsel. The Solicitor moves the court for a nol pros of Count one in this indictment and upon consideration of…