State v. . Sawyer

Defendants in. tbe main present and stress for error three points :

1. It is’ contended that tbe court should have nonsuited tbe case, (a) “because no force was shown to have been used,” and (b) that there is a fatal variance between tbe indictment and tbe evidence in that the indictment charges defendants with taking $14.00 in money of tbe goods and chattels of LaBrueque, Sipes and Oliverine, and tbe evidence shows that LaBrueque lost $10,00, Oliverine $3.40, and Sipes $3.60, and neither bad any interest in tbe money of tbe other, and tbe amount taken totaled $17.00 and not $14.00 as charged,…