State v. Moss

OPINION

BROCK, Justice.

The defendant was convicted of the offense of petit larceny and received a sentence of 11 months and 29 days incarceration in the Shelby County Correctional Center. The Court of Criminal Appeals concluded that a fatal variance existed between the allegations of the indictment and the proof at trial respecting the ownership of the money stolen, and, accordingly, reversed the judgment and dismissed the indictment. We granted the State’s application for permission to appeal from that judgment.

The indictment charged that the defendant:

“... did unlawfully and feloniously…