Booth v. Commonwealth

The petitioner was convicted on a charge of robbery and sentenced to eight years in the penitentiary.

We are first asked to reverse the judgment on the ground that there was a fatal variance between the indictment and the proof. The petition states that the indictment alleged that the money stolen belonged to R. E. Thompson, whereas the evidence showed that it was the property of D. Pender Grocery Company, which owned and operated the store of which Thompson was the manager.

This contention of the petitioner is without merit for two reasons. In the first place no question of the variance…