State v. Kimball

POMEROY, Justice.

This appeal from a judgment entered on a verdict of guilty to the charge of breaking, entering, and larceny in the nighttime raises but one narrow issue, i. e., was there a fatal variance between the proof of ownership of the property into which the breaking took place and the property taken therefrom and the allegation of ownership found in the indictment.

We conclude there was no such fatal variance and deny the appeal.

After the State had presented its case and rested, the appellant moved for judgment of acquittal. After such motion was denied, the appellant then presented…