Upon the rendition of tbe verdict “ not guil■"ty,” by'the jury, nothing more appearing against the defen- • danfe, he was entitled to be discharged, and it was the duty of the Court to render judgment accordingly.

His Honor had no power to set aside the verdict for the cause assigned, nor to grant a new trial on motion of the State, nor had the State the right of appeal. See State v. Phillips, at this term.

This will be certified to the end that the defendant may be discharged.

Peis Curiam. Judgment reversed.