State v. Hibberd

The defendant contends that, because the indictment in this case alleged the larceny of five sets of harness of the collective value of $100 and the proof established the larceny of only four sets, a conviction cannot be sustained. He bases his contention upon the hypothesis that, under an indictment alleging the aggregate value of a number of articles, the state is bound to prove the larceny of all the articles as charged in order to secure a conviction. There are decisions that, under their peculiar facts, support this contention. See McCarty v. State, 1 Wash. 377 (25 Pac. 299, 22 Am. St.…