State v. Romero

On an information in one count reading:

“Did in the nighttime, with the felonious intent to steal, feloniously break and enter the store of one A. M. Churchill contrary,” etc.,

and in another count reading:

“And at the time and place aforesaid, after the commission of the felony aforesaid, did feloniously steal, take, and carry away one typewriter valued at $60, of the goods and chattels of,” etc.,

the jury brought in a Verdict reading:

“Guilty of breaking in the nighttime with intent to steal, and petty larceny.”

In a supplemental brief the Attorney General and the district attorney say, “There is…