State v. Yancey

A careful examination of tbe record fails to disclose any evidence tbat tbe defendant Yancey made to any of tbe partners, Person, Bynum or Eiddle, tbe representation which is tbe gravamen of tbe indict-mentTbat be bad authorized bis eodefendant Peoples to buy tobacco for him, or for them jointly, and to draw drafts upon Yancey in payment therefor, or sign checks in bis name. There is manifest not merely a *318substantial variance between tbe allegation and the proof which., alone, would be fatal, but a failure of proof with resjoect to commission of the crime itself. S. v. Ridge, 125 N. C., 655,…