People v. Huffman

On jury trial defendant was convicted under an information containing two counts,, the first of which charged him with feloniously breaking and entering a store building in the nighttime with intent to commit larceny in violation of section 110 of the penal code, * and the second count of which charged him with larceny from the store building in violation of section 360 of the penal code. † The jury returned a general verdict of “guilty as charged” but did not specify under which count or of which offense he was convicted. The trial judge sentenced him to prison for a minimum, of 5 and a…