People v. Allen

The Court :

An information was filed accusing the defendant with having committed the crime of assault, with intent to commit murder, upon ,the person of one John Carl. Upon the trial the name of the person who was the subject of the assault was proved to be John Carlin. On motion of the defendant, the Court instructed the jury to acquit, on the ground of a variance between the information and the proof, and the jury accordingly rendered a verdict of not guilty by reason of the variance. The District Attorney then asked the Court to make an order, instructing him, the said District Attorney,…