State v. Emeigh

1. Indictment: allegation of name. The real name of the person injured was Mary Eliza Disque. The defendant contended that the word Mary, as it occurred in the indictment, was written May, the “ r ” being omitted ; and that this was a fatal variance. The State’s attorney denied that it was thus written. On this point the District Judge’s opinion was against the defendant. The original indictment has been certified to us; and the word is so slovenly written, that looking _ to it, and it alone, it would not be difficult to read it either way. The defendant moved to exclude all evidence relating…