Hammac v. State

PRICE, Presiding Judge.

These appellants were indicted separately but the cases were consolidated for trial and on appeal.

The indictments charged the larceny of “one Mercury outboard motor serial number 742497 of the value of $150.00, the personal property of William H. Roberts * * There was no proof of the serial number of the motor.

In a prosecution for larceny the proof must correspond with the description of the identical thing alleged in the indictment to have been taken. The court erred in denying the defendants’ motion to exclude the state’s evidence on the ground that the description of…