State v. Stennett

The four defendants were jointly indicted and the indictment contained two counts; the first count charging breaking and entering with intent to commit a public offense, to wit, larceny; and the second count charging, in connection with the crime charged in the first count, larceny from a building in the nighttime, under Code section 13008. To this indictment all the defendants, except Baker, demurred. One of the grounds of the demurrer was that the said indictment “is duplicitous and charges these defendants with two separate and distinct offenses or crimes, not permissible by the statute,…