Scalf v. Commonwealth

Opinion op the Court by

Chiep Justice McCandless

Affirming.

Lee Scalf ms convicted of the crime of breaking a storehouse, and sentenced to five years in the state penitentiary. He appeals.

It is first claimed that the indictment is duplicitous by charging both housebreaking and larceny. It réads:

‘ ‘ The grand jury of -the -county of- Harlan, in the name and by the authority of the Commonwealth of Kentucky accuse Lee Scalf of the Grime of unlawfully and feloniously ■breaking and entering into a storehouse of another, with intent to steal therefrom and unlawfully and feloniously taking, stealing…