State v. Phillips

Citations

• 27 Wash. 364
• 67 P. 608
• 1902 Wash. LEXIS 401

Syllabus

<p>LARCENY-VARIANCE BETWEEN INFORMATION AND PROOF-FOREIGN MONEY.</p> <p>An information charging defendant with the larceny of lawful money of the United States is not sustained by proof showing that the money stolen was Canadian bills.</p> <p>SAME-SUFFICIENCY OF EVIDENCE.</p> <p>Evidence that the package stolen contained three $100 Canadian bills, one or two $5 and six or seven $10 bills, without describing the latter bills in any particular, is not sufficient to establish that lawful money of the United States was stolen. .</p> <p>SAME — INSTRUCTIONS.</p> <p>Where the information charged defendant with the larceny of lawful money of the United States, an instruction of the court is erroneous as going beyond the issues, when it charges that the property alleged to have been taken and carried away by defendant consisted of certain Canadian bills, said to have a value in this country of over thirty dollars; and that the jury should determine whether or not these Canadian bills were feloniously taken and carried away from the prosecuting witness at the time alleged in the information.</p>