Harris v. State

CLARK, Retired Circuit Judge.

A jury found appellant-defendant guilty of burglary in the second degree as charged in one count of an indictment and of grand larceny as charged in another count of the indictment. He was adjudged guilty accordingly and sentenced to imprisonment for eight years. In the sentencing procedure, the trial court pronounced sentence on *248the judgment as to the burglary only, stating that “the other verdict of guilty, insofar as sentencing is concerned is considered sur-plusage.”

The parties are in agreement, as they obviously were on the trial, that defendant was not…