People v. Odenwald

The appellants were convicted of the offense of burglary. They prosecute this appeal from the judgment. But two reasons are assigned for a reversal and they are: (1) That the proof shows that the property which the appellants intended to steal consisted of intoxicating liquors possessed contrary to the National Prohibition Act [27 U.S.C.A.] and Wright Act [Stats. 1921, p. 79] of this state, and therefore not the subject of larceny, and (2) that there is a fatal variance between the allegations of the information and the proof in this: That the information charged the appellants with entering…