Chapman v. State

The only ground of the motion for a new trial which is insisted upon is as follows: “Because the defendant was accused of an assault upon Charlie Hodges, and all the evidence showed that if any assault was committed, it was committed upon *571Charlie Lee Hodge, thus constituting a fatal variance between the accusation and the proof.” There is no merit in this ground. It is neither insisted that Charlie Hodges and Charlie Lee Hodge are in fact two different persons, nor that Charlie Hodges, the person alleged in the indictment to be the person assaulted, was a different person from Charlie Lee…