Northern v. State

GRAVES, Judge.

Appellant was charged with the murder with malice of Mrs. Fannie McHenry and by the jury given the penalty of death.

The gruesome facts herein proven are practically the same as those in the previous appeal of this cause reported in Northern v. State, (150 Texas Crim. Rep. 511) 203 S. W. (2d) 206, and will not be repeated here.

It is claimed that there is a fatal variance between the allegation and the proof relative to the manner of causing the death of Mrs. McHenry. The allegation complained of reads in part as follows:

“* * * that one buster northern on or about the 27th day of…