Phillips v. State

The indictment in this case charged the defendant with entering a pay-telephone booth “with the intent to commit the felony of larceny,” and that after doing so he committed third degree burglary by breaking the coin receptacle, “all in Violation of Section 39-904 and 39-902 of Tennessee Code annotated.”

Thus, this indictment charged both an attempt to commit larceny and third degree burglary in the same count, presumably in reliance upon Fox v. State, 214 Tenn. 694, 383 S.W.2d 25, in'which our Supreme Court held that if one lawfully enters a public pay-telephone booth and therein breaks into…