Perry v. State

The indictment was in four counts, two of which charged burglary, and two, grand larceny. Counts 1 and 3 laid the ownership of the property in Star Mercantile Company, and counts 2 and 4 alleged the ownership in F.' A. Merrill. The evidence disclosed that the property was the same, but some uncertainty as to whether it was owned by Star Mercantile Company or F. A. Merrill at the time the offense was committed. At the beginning of the trial the defendant moved the court to require the state to elect as to which counts it would proceed under. The motion was overruled and defendant excepted.…