Turner v. State

PIERCE, Chief Judge.

In this case appellant Hoke Larry Turner was originally charged by information filed in the Polk County Criminal Court of Record in two counts. Count I charged breaking and entering with intent to commit a misdemeanor, to-wit: petit larceny, and Count II charged .petit larceny.

On trial before a jury he was acquitted of petit larceny on the second count and convicted on the first count charging breaking and entering with intent to commit petit larceny. It was all the outgrowth of the same transaction. Turner contends that inasmuch as he was acquitted of petit larceny he…