State v. Rooney

O’NIELL, Chief Justice.

The defendant was convicted of the crime of breaking and entering a store in the nighttime, and was sentenced to a term of imprisonment in the penitentiary. It appears that he was sentenced as a sec ond offender, under the provisions of Act No. 15 of 1928, p. 18, entitled, “An Act In relation to second and subsequent offenders,” etc.

The assistant district attorney who prosecuted the case and the attorney for the defendant have filed in this court a joint motion to have the verdict and sentence annulled and set aside and the case remanded to the criminal district court…