People v. Fleming

I do not agree with my Brother Bird that it was competent for the people to prove that defendant had on other occasions committed the crime of larceny from other stores in the daytime, or that this case falls within the exception to the general rule that a defendant in a criminal case may only be called upon to meet the crime charged in the information. I think the question has been settled in this State for over half a century that a charge of larceny is within the rule and not within the exception. While there are exceptions to the rule which will be presently noted, larceny is not one of…