Drinkard v. Commonwealth

Harry L. Drinkard and W. E. Hicks were jointly indicted for breaking and entering “on the-day of December,” 1933, the storehouse and garage of Willie Cooper, in the city of Lynchburg, with the intent to commit larceny therein, and stealing therefrom a crocheted bedspread of the value of $50, and certain other household articles.

Upon their trial the jury returned separate verdicts as to each of the accused, both of which read: “We the jury *1078find the defendant guilty as charged in the indictment and fix his punishment at two years in the penitentiary.” .

The indictment contains only one count,…