Giles v. State

LATTIMORE, Judge.

Appellant was convicted in the District Court of Wise County of abstracting funds from a bank, and his punishment fixed at five years in the penitentiary.

The record contains no bills of exception. Two special charges were asked and refused. One was covered by the main charge, and the other presents the only question to which we will devote any discussion. Same sought to have the jury instructed to acquit upon the ground that there was a variance between the allegation and the proof, in that the indictment charged that the money was abstracted from the Park Springs Bank…