
    John Jarvis v. The State of Ohio.
    Error to the court of common pleas of Muskingum county.
    Jarvis was indicted for manslaughter. The indictment contains three counts. The homicide is charged to have been caused — In the first count, by throwing a glass tumbler against the head of the deceased. In the second count, by striking the head of the deceased with the tumbler in the hand. In the third count, by striking the head with the fist.
    At the trial the verdict was — guilty as charged in the third count, and not guilty as charged in the first and second counts.
    
    The accused moved to set aside this verdict, and for a new trial, on these grounds: 1. The verdict is contrary to the evidence. 2. It is contrary to law. 8. Newly discovered evidence. This motion was sustained.
    The case coming on for trial'again, the accused pleaded in bar of the further prosecution on \he first and second counts, his previous acquittal thereon. The court sustained a demurrer to this plea.
    The second verdict was — guilty as charged in the first count, and not guilty as charged in the second and third counts.
    
    
      The accused moved to set aside this verdict and for a new trial, on the ground, among others, that the court erred in sustaining the demurrer to the plea in bar. This motion was overruled and judgment entered on the'verdict. To reverse this judgment this writ of error is prosecuted.
    
      Lucius P. Marsh, for plaintiff in error,
    cited: Campbell v. The State, 9 Yerger, 333; Slaughter v. The State, 5 Humph. 410; Hunt v. The State, 25 Miss. 378; Williams & Haynes v. The State, 12 Ohio St. 622.
    
      F. B. Pond, attorney-general, for the State,
    cited Lesslie v. The State, 18 Ohio St. 390.
   By the court:

The judgment of the court of common pleas must be affirmed upon the authority of Lesslie v. The State, 18 Ohio St. 390, decided pending this writ of error.  