People v. Anderson

Foote, C.

The defendants appeal from a judgment of conviction of the crime of robbery, and from an order denying them a new trial.

It is alleged that the court below erred in not granting their request that the jury be instructed to acquit them because of the variance between the allegations of the information and the proof at the trial.

The variance is claimed to consist in this: That while the information charges that a certain pistol taken from him feloniously and through force by the defendants was the personal property of one Kiesele, yet the evidence shows it to have been the property of…