Oklahoma criminal reports Volume 15

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt : …

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt : . . . was sufficient to call the attention of the trial court to the contention that there was a fatal variance between the allegations of the information and the proof adduced upon the trial. The court should have in Opinion of the Court. I structed the jury to return a verdict of not guilty by reason of a variance between the allegations of the information and the proof, and a new prosecution should have been commenced charging the defendant with the higher offense, which procedure is authorized by sections 5921 and 5930, Rev. Laws 1910. The statutes of this state do not permit of the conviction of the defendant where the proof does not support the allegations of the information as to the crime charged, or of a lesser grade or degree of such crime, or of an offense necessarily included therein. Where the evidence discloses a higher grade or degree of crime than that charged, or the proof is of an offense different from that charged, or of an offense not necessarily included within the terms of the allegations of the indictment or information, then a variance exists, and the procedure indicated in sections 5921 and 5930, supra, should be followed. For the reasons stated, the judgment is reversed. DOYLE, P. J. , and ARMSTRONG, J. , concur. 1 LARCENY–Property–“Persona. l Propel-ty”—Subject of Larceny–StatlIt08. A deed to real estate is “personal propert,v,” within the definition 01′ section 2830, Rev. Laws 1910. and after delivery to the grantee is the subject of larceny, within the meaning of section 2652. Revised Laws 1910. 2. . SAME–Larceny of Deed to Real Estal;e–Evidenoe–Statutes. Section 2660, Rev. Laws 1910, construed and held not to define any material ingredients of the crime of larceny of a written. . .

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