Gettinger v. State
Nebraska Supreme Court
Error to the district court for Otoe county. Tried below before Pound, J. 1. If there was not a variance, the evidence ought to show that the prisoners stole a cast-iron balance-wheel and that it was stolen at some particular time. But the evidence shows a trespass perhaps on one day, and a removal of part of the wheel after it had been destroyed on the same day, and at least one day intervened between the carrying away of the first part and the carrying away of the last.
Read the full summary
Error to the district court for Otoe county. Tried below before Pound, J. 1. If there was not a variance, the evidence ought to show that the prisoners stole a cast-iron balance-wheel and that it was stolen at some particular time. But the evidence shows a trespass perhaps on one day, and a removal of part of the wheel after it had been destroyed on the same day, and at least one day intervened between the carrying away of the first part and the carrying away of the last. If a larceny was committed, when was it? Was it the first day or the second day? Was there a larceny of the wheel…
1Opinion of the Court
Lake, Ch. J.
As shown by the brief of counsel for the prisoners, four points seem to be relied on for obtaining a new trial in this case. The important one, however, and the one most relied on is the first, viz., that there was a fatal variance between the allegation of the indictment and the evidence as to what was stolen.
The indictment charged the larceny of “ a cast-iron balance-wheel of the value of one hundred and fifty dollars.” The point of alleged variance lies in the fact that, in order to facilitate its removal from the place where found, and disposition of it to their use, the…
2Cited by20 opinions
- Moyers v. StateSupreme Court of Georgia · 1938
- Milam v. StateSupreme Court of Alabama · 1940
- State v. RozeboomSupreme Court of Iowa · 1910
- Barr v. StateNebraska Supreme Court · 1895
- State v. ChambersWest Virginia Supreme Court · 1883
15 more not listed; retrieve them via the Exa API.