State v. Nicholls

The opinion of the Court was delivered by

Fenner, J.

The indictment in this case charged the prisoner with burglary and larceny in a single count. The jury returned a verdict of “guilty of burglary and larceny.” The Judge sentenced the prisoner to pay a fine of one dollar and to imprisonment in the penitentiary for three years. Counsel for accused asked the Court to instruct the jury that “they might return a verdict of burglary but not of larceny,” which the Court refused to give. After verdict a motion in arrest was made on the ground of duplicity in the indictment, and on the further ground…