State v. Varner

Fox, Judge:

Robert L. Varner, who prosecutes this writ of error, was indicted in the Circuit Court of Upshur County on April 15, 1947. The indictment charged him with burglary, and contains two counts. The first count charged him with feloniously and burglariously breaking and entering a certain store house belonging to Nelle Smith; the second count charged him with feloniously and burglariously entering said premises without breaking. Each count charged the defendant with the theft of certain goods and chattels, the property of the said Nelle Smith. On April 16, 1947, and at the regular April…