Mahoney v. State

The appellant was charged with offenses against the person and property of Michael James Brewer, each alleged to have been committed on the same date, by an indictment containing seven counts. The crimes charged included robbery with a deadly weapon (1st count), grand larceny (6th count) and receiving stolen goods (7th count). Prior to trial he moved for dismissal of the 7th count because “a person cannot be both a thief and a receiver. It is improper, it is prejudicial to the defendant to charge him with both being a thief and a receiver.” The motion was denied. He went to trial before a…