State v. Bartholomew

The opinion of the court was delivered by

Marshall, J.:

The defendant, twenty-three years old, appeals from a judgment convicting him of grand larceny and sentencing him to the penitentiary.

1. The defendant contends that “there was a fatal variance between the pleading and proof on the part of the state,” and that the court erred in overruling the demurrer to the evidence of the state, in denying the motion tp discharge the defendant, in submitting the case to the jury, and in its instruction to the jury.

*591The information charged the defendant with larceny of an automobile, valued at $618, “the…