Lowry v. State

The plaintiff in error was indicted in the circuit court of Hardin county for the larceny of fifty gallons of whis-ky. The testimony showed that he stole at least one gallon, and he was convicted of petit larceny and sentenced to eighteen months’ confinement in the State penitentiary.

He has appealed from the judgment of the court below, and assigned errors.

It is insisted that there is a fatal variance between the indictment and the evidence. In the indictment the whisky was charged to be the property of Hardin & Smith. In the evidence it appears that the whisky, at the time it was stolen was…