Neuenschwander v. State

In this case, the appellant was charged by an affidavit in three counts with petit larceny, burglary in the second degree and burglary. The counts charging burglary in the second degree and burglary were dismissed. He was tried by a jury for petit larceny and found guilty. The court rendered judgment of fine and imprisonment on the verdict.

On appeal, it is. first assigned as error that the court erred in overruling the motion for a new trial. As the record was made at the time of trial and later filed in this court, it did not appear from the order-book entry that the appellant was arraigned…