Lissenbee v. Commonwealth

*640Opinion op the Court by

Judge McCandless

Reversing.

Appellant was convicted on the charge of robbery, and judgment entered sentencing him to two years’ confinement in the state penitentiary. On this appeal he claims (a) that the indictment was insufficient; (b) that there was a variance between the allegations of the indictment and the proof; (c) the court erred in the admission of incompetent evidence.

The part of the indictment to be considered reads as follows:

“ . . Accused Nobe Lissenbee and Bob Lisenbee of the crime of robbery committed in manner and form as follows, viz.: The said Nobe…