State v. Bruffey

The defendant was indicted for burglary and larceny, both offences being charged in one count. Upon trial *80before a jury he was convicted of the larceny, but acquitted as to the burglary. His motion for a new trial was sustained, and at a subsequent term he was again tried on the same indictment and found .guilty of both the burglary and the larceny. It is assigned for error that the defendant could not lawfully be convicted of burglary in the second trial, after his acquittal of that offence in the first.

Burglary and larceny are two distinct, separate, and independent offences. The statute…