State v. Greene

COPELAND, Justice.

In his assignments of error defendant raises two principal questions for our consideration:

1. Should the charge of felonious larceny of the tractor have been nonsuited?

2. As to the disk boggs, was there a fatal variance between the allegations in the bill of indictment and the proof offered by the State with regard to the ownership of them?

As to the first question, we note that Judge Wood’s final mandate to the jury was as follows:

“ [T] hat if . . . Roger Greene took and carried away a Ford 1970 model Ford Diesel 2000 Series and Long bogg disk, took and carried away this…