Oliver

The prosecution from the disposition of which this proceeding originated was one by indictment against the petitioners, Lawrence J. Daw and Thomas Williams. This indictment contained thirty-four counts accusing the defendants therein of grand larceny, embezzlement, and conspiracy. In counts numbers 1 to 33, inclusive, eleven different unlawful acts are charged, each in a set of three counts. In each set the first charge is grand larceny of a certain sum of money; the second, grand larceny of certain property of the same value as that charged in the first of each set; and in the third, embezzlement of both money and property.

Count 34 charges conspiracy to obtain the money and property exceeding in value $200, alleged to have been the subject of the offenses set forth in the preceding counts. It is also averred to be “a different statement of the same offense and of the same class of crimes and offenses as those set forth in counts 1 to 33 inclusive thereof.” Also it is alleged that in furtherance of the conspiracy the defendants committed certain overt acts which are delineated as the same offenses whose commission is charged in the first thirty-three counts of the…