State v. Downing

BRANCH, Chief Justice.

Defendant challenges his conviction of felonious larceny based upon two separate theories: (1) that double jeopardy principles prohibit conviction and sentencing for both felonious break ing or entering and felonious larceny; and (2) that as the result of a fatal variance between the indictment and the evidence as to the ownership of the stolen property, the larceny conviction cannot be sustained. The record supports defendant’s position that there is a fatal variance between the indictment and proof as to the ownership of the stolen property and we reverse on this…