State v. Curley

In this case Walter Curley, the defendant in error, who was also defendant below, was tried in the district court of Pottawatomie county and convicted of the crime of uttering and passing a forged check. A motion ' for a new trial was filed by the defendant, Curley, and sustained by the court, as stated in the judgment and order setting aside the verdict and granting a new trial:

“Because there was a variance between the proof and the pleadings, in this: the information purported to and did set out a true and correct copy of the purported check which was alleged to have been uttered and…