Wilson's Ohio Criminal Code : Annotated With Decisions, Forms And Precedents ... Being Both the Criminal Practice And Procedure in the Ohio Courts
Wilson's Ohio Criminal Code : Annotated With Decisions, Forms And Precedents ... Being Both the Criminal Practice And Procedure in the Ohio Courts
Ohio
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601; 3 O. C. D. 605. Other decisions as to variance. Schmeltz v. State, 8 C. C. 82; 4 0. C. D. 287; May V. State, 14 O. 461; Stephens v. State, 14 0. 386; Hess v. State, 5 0. 5. On the trial of an indictment charging the defendant with the crime of bur- glary, a variance between an allegation of said indictment and the evidence offered in support of it, in the name or description of the building alleged to have been broken and entered, is not ground for an acquittal of the defendant, unless suc...h variance is material to the merits of the case or prejudicial to the defendant. Sec- tion 7216, Revised Statutes (G. C, § 13582). State v. Turnbaugh, 79 0. S. 63. Where the allegation in an indictment is, that the accused maliciously and for- cibly broke and entered the store-house of B, and the evidence offered in support of such allgation establishes the fact that he thus broke and entered a certain room, the property of B, built for and by him occupied and used exclusively as a store- house, which room adjoined another compartment or room in the same building, occupied by B and family as a living room, the two compartments, however, being separated by a permanent partition, and the only means of communication between them being through a door in said partition which was kept locked at night, and which on the night of the burglary was shown to have been securely locked and fastened, the variance, if any, between the averment of said indictment and the proof is not sufficient ground for an ac^[Uittal of the defendant.
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