State v. King

The opinion of the Court was delivered by

Manning, J.

Prom a conviction of burglary and sentence thereon the defendant has appealed.

A motion to quash the indictment for duplicity was made and refused before plea entered, and after conviction the same ground was made the subject of a motion in arrest of judgment.

The duplicity consists in charging the crimes of burglary and larceny in one count.

The general rule is that two distinct offences cannot be charged in one count, but the offences of burglary and larceny constitute the most conspicuous exception to it. See State v. Depass, 31 Ann. 487…