People v. Rigual

Rigual was convicted of assault and battery.

The first assignment is that the district court erred in overruling a motion for acquittal on the ground of an alleged variance between the averments of the complaint and the evidence for the prosecution. The complaint charged *88that Rigual had committed the assault with his fists, bruising the face of one Victor Rivera. The evidence adduced at the trial disclosed the fact that one Benjamín Rodriguez Orta, whom Rigual had employed and incited to commit the assault, was in fact the assailant.

Sections 18 and 36 of the Penal Code and Section 93 of the…