Andrews v. State

Andrews was convicted of burglary in the felonious breaking and entering of a warehouse of Sam J. Simmons, Jr., “trading as City Lumber Company,” from which as a part of the burglary, he is charged with stealing seven spools of “J&L” barbed wire of the value of ten dollars per spool. He was sentenced to serve two years in the state penitentiary and appeals.

When the case came on for trial the State moved the court for leave to amend the indictment by inserting therein “USS Lyman” as part of the description of the wire instead of “J&L” as stated in the indictment, and to substitute Mrs. Sam J.…