In re Lewis

The opinion of the court was delivered by

Allen, J.:

This is an original proceeding in habeas corpus. In substance, the petition alleges:

The petitioner was tried in the district court of Shawnee county upon a charge of grand larceny. He was charged with stealing and carrying away a certain galvanized-iron tank — the case number being 16,326. After the jury was empaneled and sworn and the evidence on behalf of the state was introduced, the defendant filed a plea in abatement in which it was alleged there was a variance between the allegations in the information and the proof, in that the tank…