Mathis v. State

Bobbie Mathis was convicted of the offense of mayhem; his motion for new trial, based upon the general grounds only, was overruled, and that judgment is assigned as error. The sole contention of counsel for the accused is that there was a material variance between the allegata and the probata, since the indictment charged that the accused did “bite off” the right ear of Bobert Singletary, “thereby unlawfully depriving said Singletary of his right ear, with the intent in so doing to maim and disfigure him,” and the evidence disclosed that only a part of the ear was bitten off. “Mayhem shall…