State v. . Mull

Stacy, O. J.

The only serious exception appearing on the record is the one addressed to the following excerpt from the charge:

“I instruct you that money is personal property; and I further instruct you that under the law as it applies, gas tickets or coupons are recognized as personal property, and that the taking of them is a breach of the statute as charged against the defendants.”

The alleged vice of this instruction is, that it enlarges upon or departs from the bill of indictment, which specifies the property taken as “two dollars in money” and makes no reference to any gas tickets or…