delivered the opinion of the court.

The indictment contains in one count a charge of two distinct felonies, one for burning the barn and the other for burning the corn (Code 1906, §§ 1040, 1042),- with different penalties, and the circuit court correctly sustained the demurrer to it. State v. Walker (Miss.), 41 South., 8; State v. Rees, 76 Miss., 435, 22 South., 829; Avant v. State, 71 Miss., 78, 13 South., 881.