Simer v. State

HARPER, Judge.

In this case the defendant was indicted, charged with the offense of slander, and upon a trial he was convicted and his punishment assessed at a fine of $100 and ten days imprisonment in the county jail.

While the evidence would abundantly support a charge that defend ant uttered a slander in regard to the young lady, yet defendant insists that the allegations in an indictment, and the proof, must correspond, and there being a variance between the proof and the allegation that this cause must be reversed. The indictment charges that defendant “did then and there unlawfully,…