Beeler v. State

The plaintiff in error was indicted on a four count indictment. The first three counts of this indictment charged burglary in the third degree while the fourth count charged the plaintiff in error with being an habitual criminal. A jury was impaneled and first tried the plaintiff in error on the first three counts, that is, whether or not he had committed burglary in the third degree. They found him guilty under these three counts and sentenced him to five years in the State penitentiary. Immediately after they had returned their verdict on the first three counts of the indictment the same…