Evans v. State

1. There is no substantial merit in the ground of the motion • for a new trial which complains that the court instructed the jury that the indictment charged the defendant with breaking, entering, and carrying away a certain sum of money, whereas the allegations in the indictment were that the defendant did break and enter, etc., “with intent to commit a larceny, the said intent being then and there to take and carry away, with intent to steal the same, five hundred dollars in .money of the value of-five hundred dollars of the personal goods,” etc. Since the acts charged in the indictment…