Swain

The defendant was prosecuted by indictment for the larceny of four head of hogs, alleged to be of the value of more than $50, and the property of one E. J. Blossom, and was found guilty by the jury of the crime of petit larceny. He appeals from the judgment and an order denying his motion for a new trial.

Upon his arraignment upon the charge alleged against him in the indictment, the defendant interposed a plea of “not guilty” and also a plea “that he has already been acquitted of the offense charged in said indictment and particularly of the offense of petit larceny included therein, by the judgment of dismissal of the Justice Court of Red Bluff Township, in the County of Tehama, State of California, rendered at Red Bluff, in said County and State, on the 22d day of March, 1906.”

The only point urged here and upon which a reversal of the case is asked is founded upon the ruling of the trial court excluding certain testimony bearing upon the plea of “former acquittal.” It appears from the record that on the twenty-first day of February, 1906, and about one month prior to the finding and filing of the indictment upon which the defendant was tried, as before explained, a…