
    CONSTITUTIONAL COURT,
    CHARLESTON,
    MAY, 1802.
    The State v. Herring.
    On an indictment for larceny of several articles of the same kind, for each of which there is a specific penalty, if a less number be proved than that laid in the indictment, and the jury find a general verdict, a new trial will be granted, although the attorney general offer to procure a remission of the penalties for all but the articles proved.
   Motion for a new trial.

Defendant was indicted for stealing fifteen hogs, contrary to the A. A. 1789, P. L.,486, which subjects the offender to a fine or penalty of j£5, for each and every hog, &c. The evidence proved that he stole three pigs ; but the jury found him guilty, generally.

The attorney general, Pringle, offered to obtain a remission from the governor of all the penalties, except as to the three hogs actually stolen ; but Holmes, of counsel for defendant, would not agree to this proposition. So the court without hearing argument, ordered a new trial. .  