State v. Turner

The defendant was indicted by the grand jury of Webster county, charged with burglary in the second degree and grand larceny. The defendant was put upon his trial, the jury returning a verdict of acquittal on the charge of burglary, and a verdict of guilty on the charge of larceny. Motions for new trial and in arrest of judgment were filed and overruled, from which defendant appealed.

The record shows that defendant filed a motion to quash the indictment on the grounds that the offenses charged could not be joined. It is expressly provided by the 19th section of Wagn. Stat. (p. 455), “that if…