In re Mooney

The opinion of the court was delivered by

Mason, J.:

Chester Mooney was prosecutéd upon an information which charged him in one count with committing burglary and larceny by breaking into a freight car and stealing goods therein. A verdict was returned in these words:

“We . .' . find the defendant, Chet Mooney, guilty of the offense of burglary and larceny, as charged in the information; and we further find the defendant, Chet Mooney, not guilty of the offense of burglary and not guilty of the offense of larceny from a freight car as charged in the information.”

The trial court treated this as a…