Fuller v. State

CALHOUN, Judge.

— The offense, failure to stop and render aid; the punishment, one year in the penitentiary.

The testimony in the case showed that the appellant and another party were driving an automobile on á public road and they struck the car in which one Fred Toler and a companion were riding, and the car in which the said Fred Toler was riding turned over and the said Toler by reason thereof received certain injuries.

The appellant raised the question on the trial of the case of a material variance between the allegation in the indictment and the proof offered. The indictment charged the…