State v. Boatright

Appellee was indicted charged with defrauding the Valley Bank of Hindsville of a large sum' of money, a felony. He was tried upon said charge and at the conclusion of the state’s testimony, the court, on motion of appellee that there was a fatal variance between the allegations of the indictment and the proof in that indictment alleged he defrauded the bank of “gold, silver and paper money,” whereas the proof showed he received from the bank its draft on its correspondent bank in St. Louis, which he cashed the same day, instructed the jury to return a verdict for appellee, which was done.

The…