Wolf v. State

— The first and second counts of the indictment charge a burglary as defined in Rev. Code, § 3695, alleging the intent to be to steal; the third and fourth do the same, and, besides, state the actual larceny of two turkeys. The defendant demurred to the indictment, on the ground that the counts charged burglary and petit larceny. This objection was overruled.

It is not uncommon in indictments for burglary to allege the execution of the intent laid. 2 Arch. Crim. Plead, p. 340, and notes ; 1 Bish. Crim. Law, § 893. What the offender accomplished is the very best evidence of what he intended to…