State v. . McDowell

The indictment charges that the defendant broke in and upon the possession of Sarah Somers and took away her slave. The truth of the case was, that the slave, under the immediate control and in the possession of James Somers, was five hundred yards distant from Sarah and in another's field. Though, for all civil purposes and to protect the right of Sarah, this possession of James' would be considered as hers, yet the principle on which such construction would be made does not apply to indictment in which there is "no latitude of intention to include anything more than is charged; the charge…