People v. Smith

I do not concur in the foreg'oing opinion. The alleged variance was not raised in the trial court. The name of the complaining witness given in the indictment was Rosetta May. She testified that it was Rosalia May. She identified plaintiff in error as the person who had enticed her to his room. He himself admitted that she had been in his room as she claimed but denied her story as to what was said and done there.

Under the earlier authorities, where the name of a third person was necessary to the identity of an offense, proof of a different name raised a fatal variance, and this rule was…