
    The State vs. Antonio Larumbo.
    
      The defendant and another were indicted together for larceny. The jury found one guilty of grand the other petit larceny, the proofbeing the same against both. Motion for new trial granted,
    
    Antonio Larumbo, together with one Cassada, was in May term last, for Charleston district, tried on a charge of grand, larceny. Cassada was found guilty of petit larceny and La-rumbo of grand larceny. The defendant, Larumbo, appealed-for a new trial, on the ground, that the verdict was inconsistent, in as much as the defendants being indicted together fors grand larceny, and, the same evidence against both, both were, •alike guilty.
   The opinion of the Court was delivered< by

Mr Jwttc&i Gantt.

There is certainly an. apparent inconsistency in-the discrimination which the .jury have made as to. the guilt of .these, Seyeral,defendants, ..who .were implicated in.the.same indictment,?. the offence charged against each was the same, and the evidence-equally affected both. The. court, therefore, in the exercise of that discretion with which they are invested, are of opinion, that a new trial should be granted.

Wright, for motion.

Attorney General, contra.;

JVott, .Johnson and Bay, Justices, concurred.— Colcoe7'/ Justice, I dissent,  