Taulbee v. Commonwealth

Opinion op the Court by

Chief Justice Rees

Affirming.

Millard Taulbee was indicted for grand larceny, and upon his trial was convicted and Ms punishment fixed at confinement in the penitentiary for a term of two years. He argues on this appeal that he was entitled to a directed verdict of acquittal because there was a fatal variance between the charge in the indictment and the proof. The indictment charged that the accused “did unlawfully, wilfully, and felomously commit the crime of Grand Larceny by taking, stealing and driving away the motor vehicle or car of Elmer Barker, without the…