Suttle v. State

This is the second appeal in this case. Suttle v. State, 18 Ala. App. 411, 92 South. 531.

Under an indictment charging the defendant with the offense of murder in the first degree he was convicted of murder in the second degree, and was duly sentenced to twenty years’ imprisonment in the penitentiary. It is here insisted that there is a variance between the allegations in the in.dictment and the proof adduced upon this trial, in that the indictment gives the name of the deceased as “Arvary Pikes, alias Al-vary Pikes,” and it is contended that the proof shows the name of the deceased to be…