Wickham

Defendant was convicted for the embezzlement of a horse of the value of forty dollars, and appeals from the judgment.

It is claimed that the trial court committed error in refusing to admit certain evidence offered, upon the plea of “ once in jeopardy.” This evidence showed that defendant had been previously convicted of the offense for which he was then upon trial; that he had appealed to this court from such conviction, upon the ground that the information had not been filed within thirty days after he had been committed by the examining magistrate; that a motion to dismiss the prosecution upon that ground had been theretofore denied by the trial court; that the judgment was reversed and the cause remanded by this court, with directions “to dismiss the prosecution, unless, upon a further hearing, good cause was shown for the failure to file the information within the time prescribed by the statute”; that thereafter the prosecution was dismissed in pursuance of the order of this court, no good cause to the contrary being shown; and that thereafter a new information was filed, and this present prosecution based thereon. The facts above set forth are insufficient to establish the…