People v. Haupt

Indicted on two counts for burglary in the third degree and for attempted grand larceny, both arising out of a transaction at the same time and place, the defendant was acquitted of the former charge and convicted of the latter. Upon his appeal from the judgment the Appellate Division reversed on the law and the facts and granted a new trial. Claiming that the verdict acquitting him of burglary entitled him to a dismissal of the entire indictment the defendant now appeals to this court from so much of the judgment as directs a new trial.

Locked in a garage was a motor car worth $2,500. A…