State v. Washington

The defendant having been found guilty on the charge of. burglary in the Superior Criminal Court, moved for a new trial on the plea of autrefois convict, based on alleged proceedings against him in the *130First District Ccrart on an information for larceny committed at the same time as the burglary. On the trial of this motion the plea was, by consent, considered also as one in arrest of judgment, and it having been overruled, and the prisoner sentenced, he appealed.

The motion, in its twofold character, was properly refused. The plea, of autrefois acquit or convict must be made before verdict,…