State v. Costello

The opinion of the court- was delivered by

Mount, J.

Appellant and one F. J. Fenton were charged in the court below with the crime of assault with intent to rob one Oscar Combs. Appellant demanded a separate trial, which was granted him. At the first trial the jury disagreed, and were discharged. Upon a retrial appellant was convicted, and from the judgment and sentence this appeal is taken.

I. When the case was called for retrial the defendant offered a plea of once in jeopardy, basing this plea upon *368the fact that the court had erroneously discharged the jury in the former trial. The court…