State v. Fradella

On November 18, 1925, an information containing one count was filed in the district court, charging appellee with burglary and larceny committed on the previous day. Upon the trial of the ease, the accused was found guilty of larceny. He applied for a new trial, which was granted; the trial judge ruling that under the charge as laid in the information the accused could be found guilty only of burglary or not guilty. Later, he was again called for trial on the same information, and, after the jury had been impaneled, filed a plea of autrefois acquit. The court below sustained the plea, and the…