Wininger v. State

This was a prosecution for a riot. Trial by the Court; finding of guilty, and judgment, over a motion for a new trial.

The evidence is in the record, and, upon the part of the state, was sufficient to authorize the finding; but the witness, without objection, stated that the defendants had *541each been fined three dollars, by a justice, for the same act, upon a prosecution for an assault and battery. It is further shown, by the bill of exceptions, that during the trial “it was admitted before the Court, by the prosecuting attorney, that all of the defendants had been legally tried for the same…