Stephens v. State

The opinion of the court was delivered by

Beasley, Chief Justice.

The indictment in this case contained two counts, the first laying a charge of embezzlement, the second of larceny. The language of the jury in announcing their verdict was, “ that they find the defendant guilty of larceny and embezzlement as he stands charged in the indictment.”

From this statement two things are obvious, viz., that the jury convicted the defendant of two distinct offences, and that the court has punished such offences conjointly and not . separately.

It will be noticed that the case does not belong to the class…