Hancock v. State

Citations

• 79 Fla. 701
• 85 So. 142

Syllabus

<p>1. Burglary and larceny are an exception to the general rule that two distinct offenses cannot he charged in the same count, and such an indictment cannot be demeurred to on the ground of duplicity. It is clear therefore that a burglary and a larceny committed at the same time may be united in separate counts in an .indictment without rendering such indictment bad for duplicity.</p> <p>2. Where two counts of an indictment relate to the same transaction and the two counts are properly joined, it is not error to deny; a motion to quash the indictment on the ground of duplicity.</p>