Taylor v. State

LEIGH M. CLARK, Supernumerary Circuit Judge.

Appellant-defendant was convicted of burglary in the second degree on an indictment charging that “he . . .did with the intent to steal, break into and enter a shop, store or warehouse, known as Food-way, Inc., a corporation which is specially constructed or made to keep goods, wares, merchandise or other valuable things, . . ”

At the conclusion of the State’s case, defendant moved to exclude the evidence on the ground that there was a variance between the indictment and the evidence as to the identity or description of the place defendant is alleged…