Carter v. State

Two questions are raised by this record. One is whether, upon an accusation charging a riot, in which it is alleged that the defendants assaulted the prosecutrix, it is competent to prove that the defendants not only assaulted, but beat the prosecutrix. That is, whether proof that the alleged rioters committed a battery, as well an assault upon the prosecutrix, creates such a variance between the allegations and the proof as to require the defendant’s discharge. The second question arises upon the verbiage of the accusation, in that the only allegation which would tend to show that the…