Territory of Montana v. Willard

Citations

• 8 Mont. 328

Syllabus

<p>CBnmrAl, LAW — Larceny and burglary — Jeopardy. — The defendants brake into' a saloon and stole a lot of eigars and wines. Two indictments were presented against them by the grand jury ; one for larceny, and another for burglary. A trial under the first resulted in their being convicted of petit larceny; and upon being arraignedjmder the second, they entered as a plea in bar their conviction aforesaid. The District Court sustained the plea. Meld, that under the stub' tries of Montana Territory, the said defendants had not been put in jeopardy for the crime of burglary upon the trial of the indictment for larceny, and that the District Court erred.</p> <p>Same — Indictment should charge but one offense. — Meld, in the case at bar, that an indictment charging both the offense of larceny and burglary would be bad under section 188, division 3, Compiled Statutes. (Territory v. Fox, 3 Mont, 440, cited.)</p>