MR. CHIEF JUSTICE FULLER, after stating the case, delivered the opinion of the court.
As to the action of the court overruling defendant's motion on the evidence to compel the district attorney to elect, the bill of exceptions does not contain the evidence, and it is impossible for this court to know the ground on which the Circuit Court proceeded. The exception in that regard need not therefore be considered.
In respect of the other exceptions, they all present...
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