Kelley v. State.

HENDERSON, Judge.

Appellant was convicted of slander, and his punishment assessed at a fine of $100, and prosecutes this appeal.

Appellant requested the court to instruct the jury that inasmuch as there was a variance between the language alleged to have been used by appellant in the indictment and that proven on the trial, to acquit appellant. The language imputed to appellant in the indictment is that he should have said of and concerning Mrs. Etta A Ligón, who was then and there a married female, that “Etta Ligón is a whore, and I can prove it.” The language proven by the witness Murphy was…