Ruth v. People

Per Curiam :

This was an indictment in the Knox circuit court, against Henry P. Ruth, for burglary and larceny, the indictment charging the defendant with each offence. On the trial of the cause the defendant asked the court to instruct the jury as follows:

“Under the indictment in this case the jury may, if in the judgment and belief of the jury the evidence warrants it, find the defendant guilty of larceny, and in their verdict find the value of the property stolen, or may find the defendant guilty of burglary or larceny, or both, under the indictment in this case.”

This instruction the court…