State v. Fradella

The defendant was charged in one count of an information with two crimes: (1) Of breaking into a box car in the nighttime, with specific intent to steal the goods and chattels therein; ánd (2) with the larceny of such goods and chattels to the value of §80.

On a trial he was convicted of the charge of larceny, but the conviction was set aside, because that crime could not be legally charged in an information for burglary.

Thereafter the state offered to put the accused on trial again for burglary, but the court held that he had been acquitted of that charge, and could not again be called on to…