Garnett & Cosby v. Commonwealth

• Tho indictment against the plaintiffs in error, Brooking Garnett and John Cosby, contained three counts. The first count charged the breaking and entering of the dwelling house in question in the night time with intent to steal; the second, the entering without breaking with similar intent; and the third, the larceny of certain money alleged to have been found in the dwelling house.

There was a demurrer to the indictment and to each count thereof, which the court overruled. Thereupon, the *904accused were jointly tried, and the jury found them not guilty as charged in the first and third counts,…