The People v. Whittaker

court :

Defendants, Leslie Charles Whittaker and Joseph Everett Phipps, were charged under separate indictments with burglary and theft of property having a value in excess of $150. The cases were consolidated and tried by a jury. Both defendants were found guilty and sentenced to identical terms in the penitentiary of from 15 to 30 years • for- burglary, • but no -sentence ■ was imposed on the theft charge. They prosecute this consolidated appeal claiming a fatal variance between the allegations of the indictment and the proof at trial; that the proof regarding the value of the stolen…