White

This is an appeal by the People from an order granting a new trial. The respondent and two others were tried on an indictment containing nine counts, of which the first charged a conspiracy by the defendants to obtain money by false pretenses from Mrs. Catherine Bayne Stephens, Mrs. Lunette W. Smith, and other persons to the grand jury unknown, and set up eight different overt acts alleged to have been committed in pursuance of the conspiracy, and the subsequent counts dealt specially with the same transactions which were alleged as overt acts in the first count, charging as to each of them that the defendants had committed the offense of obtaining money -by false pretenses. During the trial the indictment was dismissed as to one of the defendants, who thereupon testified for the prosecution. No evidence being given in behalf of the defense, the case was submitted to the jury on the evidence of the prosecution, and the court advised the jury to acquit both 'defendants remaining in the case upon all of the counts. The jury followed this advice as to one- defendant, but not entirely as to the respondent, who was acquitted upon the first eight counts and convicted upon the ninth…