United States v. Bully

MEMORANDUM ORDER

KELLAM, District Judge.

John Harry Bully was indicted, tried and found guilty by a jury of grand larceny of three General Motors engines of a value in excess of $100.00. [Title 18 U.S.C.A. § 641.]. In his motion for a judgment of acquittal, or in the alternative, a new trial, he complains of the following:

1. An alleged variance between the indictment and the proof, in that the indictment described three General Motors engines model number 3914, and the proof referred to model number 371.

2. There was no actual proof of the value of the engines.

3. The difference in the engines in…