State v. Woolard

*233DENECKE, J.

1. The question in this case is whether the defendant can be convicted and sentenced for the crimes of burglary and larceny, both of which arose out of the same criminal conduct and were charged in two counts in the same indictment.

The indictment charged the defendant with burglary in a dwelling, committed on March third by breaking* and entering Apartment 434 with the intent to steal. The second count charged her with larceny in a dwelling, committed on March third by stealing property in Apartment 434. The evidence was that the defendant broke into Apartment 434 and stole…