People v. Allen

The information contained two counts. In the first defendant was charged with the larceny of personal property of the value of $152, and in the second with the receiving’ of such property, knowing it to be stolen. The court in his instructions to the jury carefully defined both offenses. The jury rendered a verdict of “guilty as charged.”

Defendant’s counsel thereafter, and before sentence, moved for his discharge because by the verdict the jury found him guilty of both offenses. The motion was denied and defendant sentenced to imprisonment for not less than two and one-half years and not more…