Stone v. State

Appeal from the City Court of Talladega. Tried before the Hon. John W. Bishop. The facts' of the case are sufficiently stated in the opinion. The indictment charges the defendant with larceny from the person in a particular and precise averment, and being descriptive of the offense must be proved as charged. There was an entire absence and failure of proof in this case that defendant took the money from the person of Liddie Beverly, but all the proof established that he took it from a cellar-door or the ground near the cellar-door. The averment in the indictment being necessarily descriptive…