State v. Fradella

The defendant was charged by information containing one count with breaking and entering in the nighttime and larceny under the provisions of Act 47 of 1S90. Upon the trial of the case, the judge instructed the jury, over defendant’s objection, that they could bring in one of three verdicts, viz. “guilty as charged,” “guilty of larceny,” and “not guilty.” Defendant was found guilty of larceny. He applied for a new trial upon the ground, among others, that the verdict was illegal because the charge of burglary and larceny was included in one count, and therefore he could be found guilty only…