People v. Curtis

—The defendant was accused by information of burglary, and convicted of an attempt to commit petit larceny. He then moved for a new trial, which was granted. On the second trial he was convicted of burglary in the second degree.

The defendant asked on the new trial to be allowed to plead once in jeopardy and former acquittal. This was refused, and an exception was reserved.

The defendant on the new trial asked the court to direct the jury as follows:—

“ That the defendant having been previously tried on this same information for the crime of burglary, and found guilty by the jury on said trial…