Leslie v. State

(after stating the facts as above). Considerable space is devoted in the brief of counsel for defendant to the proposition that there is a fatal variance between the allegations of the information and the proof adduced by the state in support of the charge.

In this connection it is contended, that the proof tends, if at all, to support any crime it is that the defendant, as active managing officer of the bank, indirectly borrowed money from ■the bank, which act is deemed to be larceny under the provisions of section 270, Eevised Laws 1910, a provision of the state banking'laws.

This theory of…