Branham v. Commonwealth

Opinion by

Judge Lindsay:

We need not consider the question raised as to the variance between the proof and the indictment.

The court instructed the jury that they could not find the appellant guilty unless they believed from the evidence that the watch charged to have been stolen was “a German silver hunting case watch.” This is the exact description given in the indictment. If the jury disregarded this instruction, and found against the evidence, the circuit court had the right and power for that reason to grant appellant a new trial, but this action of that court in this regard is not subject…