Collins v. People

The plaintiff in error was convicted of burglary. He was tried upon an information containing four counts. The first count charged him with the crime of burglary, committed with force; the second charged burglary without force; the third larceny; and, the fourth charged receiving stolen goods. The verdict of the jury found the defendant guilty as charged in the second count.

Where an information charges both burglary and larceny, there may be a conviction of burglary only. 9 C. J. 1092; State v. Burdett, 145 Mo. 674, 47 S. W. 796. There is, therefore, no merit in the contention that “because…