Carmon v. State

OPINION

O’BRIEN, Judge.

Judgment on jury verdict finding defendant guilty of grand larceny with punishment fixed at three (3) years in the State Penitentiary. Defendant appeals.

The first assignment charges the trial court erred in declining to direct a verdict *597of acquittal because of a fatal variance between the proof and the indictment.

It was argued in the trial court that the proof in the case, taken in its best light, was insufficient to sustain a conviction for any offense other than violation of T.C.A. Sec. 39-4533 — Tapping or injuring telegraph, telephone, electric light and power or gas…