This case was argued as if it was here upon a special verdict, but upon looking into the record we find such not to be the fact, but that the evidence of the State and the defendant was submitted to the j ury, and the Court having charged them they returned a verdict of not guilty.

When a defendant in a criminal action has once been tried and acquitted upon an indictment, good in form, no appeal lies even though the acquittal, is in consequence of the erroneous charge of the Judge upon the law. No man shall be twice vexed for the same offence. State v. Taylor, 1 Hawks, 462; State v. Credle, 63 N. C., 506.

Per Curiam. *No error. Judgment affirmed.