This section is from the book "Popular Law Library Vol10 Criminal Law, Criminal Procedure, Wills, Administration", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
In larceny as well as in other criminal offenses, the evidence must correspond with the allegations. Hence if the evidence as to the description of the money or other articles of property varies materially from the description of that alleged to have been stolen, a conviction cannot be sustained. Such description is material and must be proved as described.65
For example, if the charge be the stealing of a "black gelding horse" such description must be proven.66
A charge of stealing "one national bank note of the denomination of five dollars, and one treasury note of the denomination of five dollars" is not sustained by evidence that one bill of money was stolen, the witness not knowing whether the note was a national bank bill or a treasury note issued by the treasury department.67
 
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