Barnes v. State

Citations

• 46 Fla. 96

Syllabus

<p>Criminal Law — Variance Between Allegata and Probata— Evidence.</p> <p>1. Where the indictment charges the larceny of “money orders” and the witnesses all speak of them as “pay checks,” and some of the stolen checks or orders introduced in evidence show on their face that they were orders for money drawn by one officer of a corporation on another officer thereof, there is no fatal or material variance between such allegata and probata. If the evidence substantially corresponds with the description in the indictment it is sufficient.</p> <p>2. Where an unsigned money order is shown to have formed part of the contents of a sealed package that was stolen, and it is traced to the possession of the defendant after the theft of such package, such unsigned order is admissible in evidence as tending to prove the larceny of the sealed package that contained it with other signed orders, even though such unsigned order was without value or binding force.</p>