Easley v. Commonwealth

I am unable to agree with the majority opinion that Easley’s first conviction on the charge of safe breaking is not a bar to his second conviction on the charge of burglary, where there was but one transaction. It is so plain to me that both the trial court and this one have erred, that I feel impelled to dissent.

For the sake of convenience and brevity, the charge of safe breaking will be referred to as the first case and the one involving burglary will be referred to as the second case, since they were tried in this order.

Stripped of its formal verbiage, the first indictment charged Easley…