State v. . Cain

The prisoner was convicted at September Term, 1917, of Rowan, of murder in the first degree of one Abel Harris.

The first exception is to the order of the court withdrawing a juror and making a mistrial, and Exception 8 is to the refusal to grant a motion in arrest of judgment on the ground of the defendant's former jeopardy. On these motions his Honor found the following facts:

"This was an indictment against Baxter Cain, the defendant, charging him with murder in the first degree, No. 25 on the criminal docket of the September Term, 1917, of Rowan. The case was set down for trial and called…