Shoults v. State

The indictment charged that defendant, with the purpose to hinder or delay Abraham Bros. Horse Mule Company, a partnership composed of Henry, Edward, and Albert Abraham, who had a lawful and valid claim thereto, etc.

The proof showed without conflict that Abraham Bros. Horse Mule Company was a partnership composed of Henry, Abe, and Alfred Abraham. Whether this was an inadvertence or oversight we have no way of knowing, but, as it appears, there is an indictment laying the claim in one partnership and proof that it lay in another. The defendant requested the affirmative charge without calling…