Clark v. State

Appellant was indicted for the murder of Tobe Wallace, but in the bill of exceptions the name of the deceased appears as Tobe Hollis, thus disclosing a variance between the allegation and proof of the name of the man alleged to have been murdered. No motion was made in the court below to exclude the evidence of the ground of variance, nor was any objection raising this question interposed in the court below at any time, ■either before or after verdict, and no such objection has been made here by counsel. This point was raised by this court sua sponie.

■The fact is that appellant was tried and…