Woods

This appeal is from a judgment of conviction of a felony, and an order denying a new trial.

The defendant was indicted for grand larceny, and convicted as charged; the trial judge then granted a motion for a new trial; an appeal was taken from the order made in that behalf, and the appellate court reversed the order. Upon the going down of the remittitur, the only duty to be performed by the trial court was to render judgment upomthe verdict; instead of doing this, that tribunal was deceived into the belief that the appellate court, instead of reversing an order granting a new trial, had reversed an order refusing a new trial, and that there was no sufficient evidence which could be obtained to convict the defendant, and permitted the plea of not guilty to be withdrawn, and a plea of guilty of petit larceny to be entered.

It also appears that upon such last plea being entered, the court rendered judgment sentencing the defendant to pay a fine of one hundred dollars, which fine was paid and the defendant discharged from custody.

Six days after the entry of this judgment, the court, discovering the deceit which had been practiced upon it, set aside the judgment, and ordered the…