GRAY, J. (Presiding.)
This cause is in this court on appeal from a judgment of the Common Pleas Court of Jackson County finding defendant guilty of breaking and entering.
Defendant, feeling aggrieved by this action of the trial court, filed his notice of appeal and assigned the following errors:
"1. The court erred in overruling the motion of the defendant to discharge the defendant and to dismiss the jury for the reason that the state had wholly failed...
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