The indictment contained two counts, the first count charging burglary in the third degree and the second count charging grand larceny in the second degree. Briefly, the first count charged the defendant with breaking and entering a store. The second count charged that at the same time and place and as a part of the same transaction, he stole merchandise of the value of $234. The jury found defendant not guilty on the first count of burglary and found him guilty of the second...
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