State v. Byra

The opinion of the court was delivered by

Parker, J.

The important, and determinative question in this case is whether, on an indictment in two counts, the first for breaking and entering by night with intent to commit grand larceny (R. S. 2 :115-1) and the second for grand larceny admittedly committed at the same time as the breaking and entering and in connection therewith, and upon a verdict of guilty on each count, the court could lawfully impose a separate sentence on each count, the two sentences to run consecutively.

The facts are few and not in dispute at this time. On the night of…