State v. O'Banion

The defendants were\charged in one information, containing tw<> counts, (1) with breaking and entering in 'the nighttime with intent to steal, and (2) with taking and carrying away goods and merchandise of the value of $200.

As the two crimes were committed on the same occasion, and arose out of one continuous unlawful transaction, they were properly charged in one and the same information ; but being distinct crimes, they were properly charged in two distinct counts of the same information. Code Cr. Proc. art. 21S.

On June 23d both defendants were put on trial on count No. 2, to wit, on the…