Staples v. State
Summary
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Opinion of the Court
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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.
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