State v. Warner

Indictment for larceny. Plea, former acquittal. Demurrer to the plea overruled. Judgment for the defendant.

The plea set up that the defendant had been indicted for burglary with intent to commit a larceny; had been *573tried and acquitted; and that said indictment was upon the same identical transaction as the pending indictment.

J. L. Miller, J. E. McDonald, Attorney General, and A. L. JRoache, for the state.

Upon an indictment for burglary with intent to commit a larceny, the defendant could not be convicted of the larceny, if it had been committed, though he were acquitted of the burglary.

Such…