Kirtsinger v. State

Plaintiff in error was convicted under an indictment charging the breaking and entering of the dwelling house of G. W. Ryder, giving the street number, in St. Petersburg, Florida, with felonious intent, and stealing, taking and carrying away therefrom certain rugs of the value of $1600.00. There was no demurrer to the indictment.

The evidence showed that the dwelling house belonged to Ryder's wife, and that Ryder's name was G. L. Ryder instead of G. W., and hence it was claimed, that there was a fatal variance in both particulars.

As to the variance between the allegation of the indictment and…