Sturgill v. Commonwealth

MONTGOMERY, Judge.

Forrest Sturgill was jointly indicted with two others for the offense of grand larceny. Upon a separate trial, he was convicted and sentenced to one year’s confinement in the state reformatory.

Appellant assigns as error a variance between the indictment and proof and between the proof and instructions. He contends that the variance constitutes reversible error.

The indictment charged that the property stolen was owned by one George Evans-The proof was that the wire stolen was-owned by the Glo Valley Coal Corporation,, of which George Evans was the principal stockholder. The…