Clare v. State

The indictmént against the appellant, in this case, contained two counts. In the first count, the appellant was charged with the offence of being a “ housebreaker,” as the same is defined in section 8 of “An act defining burglary, burglarious trespass and house-breaking,” etc., approved March 29th, 1879. Acts 1879, pp. 81 and 82. In the second count, he was charged with the crime of grand larceny. Upon arraignment on said indictment, the appellant’s plea thereto was that he was not guilty as therein charged.

The cause was tried by a jury, and a verdict was returned, finding the appellant…