Bell v. State

The indictment was in two counts, the first charging burglary and the second grand larceny. The verdict found the defendant guilty under the second count. This was an acquittal of the charge in the first count. 1 Mayfield Digest, 866 (6).

The werdict of the jury eliminated the first count of the indictment, and left the second count, which was a charge of grand larceny, and therefore the recital in the judgment that “the defendant is guilty as charged in the indictment” could only relate to the second count.

The recent unexplained possession of stolen property imposes on the defendant the onus…