Johnson v. State

RAWLS, Acting Chief Judge.

By amended information, appellant was charged in Count I with breaking and entering with intent to commit grand larceny, in Count II with grand larceny, and in Count III with unlawfully receiving or aiding in the concealment of stolen property, knowing the same to have been stolen.

Prior to taking testimony, appellant’s attorney moved the court to instruct the state to make an election between Counts II and III on the ground that the counts were inconsistent and repugnant to each other. The trial judge denied the motion. This motion was renewed following presentation…