State v. Orth

This is an appeal on questions of law from a judgment of the Court of Common Pleas.

The record discloses that the grand jury of Allen County, Ohio, in April 1956, indicted the defendant for the murder of John Mooney while in the perpetration of a robbery. The defendant entered a plea of not guilty, and upon trial his only defense was an alibi. The jury returned a verdict of not guilty, and the defendant was ordered discharged. Subsequently, the defendant was placed on trial on an indictment returned by the same grand jury charging the defendant with armed robbery. His plea to this indictment…