Dees v. State

Citations

• 89 Miss. 754
• 42 So. 605

Syllabus

<p>1. Criminal Law. Burglary and larceny. Verdict.</p> <p>Where an indictment charges burglary and larceny, a general verdict of “guilty as charged” is one of guilty of burglary alone.</p> <p>2. Same. Instruction.</p> <p>On the trial of an indictment charging burglary and larceny, a defendant’s instruction is properly refused if it direct an acquittal of both larceny and burglary upon a finding of facts warranting an acquittal of burglary alone.</p> <p>3. Same.</p> <p>Where defendants alone, or with a third person, broke and entered a storehouse, without the consent of the owner, and were in the act of carrying off goods'when arrested, they were guilty of burglary without reference to which one actually forced the entrance, although the owner had agreed to pay the third person for services in detecting defendants.</p>