Harlan v. State

The appellant was indicted in this cause for a felony, and was tried, found guilty, and sentenced to imprisonment in the county jail, and he prosecutes this appeal, assigning several errors.

The indictment was in two counts, the first charging, or attempting to charge, burglary, charging the breaking and entering into a “saloon building.” The second count properly charged the defendant with the crime of petit larceny.

The appellant moved the court to quash the first count of the indictment, which motion was overruled, and he excepted, and assigns this ruling as error.

There was a trial by jury,…