Staples v. State ( 1901 )

Fish, J.

1. Though an indictment for robbery need not charge that the property alleged to have been forcibly taken from the person of the victim, in fact, belonged to a third person, if it does so charge, it is essential that the State prove the case as laid.

2. Irrespective of other questions presented, a new trial should have been granted because of a fatal variance between the allegata and the probata.

Judgment reversed.

All the Justices concurring.