*18Note. — Vide State v. Allen & Royster, 4 Hawks 356, in which the principle of this decision is distinctly recognized. See also, State v. Twitly, post 102.
State v. Grisham, 2 N.C. 17, 1 Hayw. 17 (1792)
March 1792
·
North Carolina Superior Court
2 N.C. 17, 1 Hayw. 17
State v. Grisham.
Indictment for feloniously and burglariously breaking and entering into the dwelling-house of one Rice, and feloniously and burglariously stealing thence a twenty shilling bill, &c. the jury find him guilty of the larceny, but not guilty of the, burglary. The Judge at first thought he could not be punished, but at length, seeing the authorities in H. H. P. C 559, 560, of the 1 si Book, and 302, of the 2d Book — where it is said, two or three several charges may be contained in an indictment of burglary, and if lie be found not guilty of the burglary, but guilty of the other charges, lie me.y be punished as if be. were only indicted for them. He gave judgment that the prisoner should be branded in the hand; which was accordingly done in presence of the Court.