Snyder

The defendant was accused by information containing two counts. By the first count he was charged with grand larceny in the stealing of the sum of $800 on December 7, 1924, belonging to Arthur H. Wilkie, and by the second count with the crime of burglary in entering the store of said Arthur H. Wilkie on the same date with the intent to commit larceny. It is conceded that the evidence shows that both crimes grew out of, and were the result of, the same transaction. In other words, that the eight hundred dollars, alleged in count one to have been stolen by defendant, was taken from the store of the complaining witness after, ahd on the occasion of, the entry of said storeroom by defendant with intent to commit larceny. The jury found defendant guilty of each offense by verdicts rendered separately upon each count of the information, and the court pronopnced judgment upon such verdicts, the sentence to run consecutively.

It is first contended 'by appellant that the two offenses charged, being based upon one single act or transaction, constitute only one offense, and although under section 954 of the Penal Code, the two offenses might be charged in separate counts in the information,…