Childress v. State

The appellant, Booker T. Childress, was indicted in the Circuit Court of Newton County for the murder of Myrtle McCune. He was arraigned, plead not guilty, and on the trial, the proof showed that the person killed was Nettie McCune. However, no objection to the variance between the proof and indictment was made on the trial. There is no proof in the record that Nettie McCune and Myrtle McCune were one and the same person, or that the deceased was known by both names. The trial proceeded throughout with the proof showing that the deceased was Nettie McCune, and that the appellant killed her.…