Thomas v. State

Gill Thomas was convicted of the murder of Charles Ed Willie. The indictment charged murder in the first degree, the conviction was of murder in the second degree. The crime was committed Sunday night, the 27th of March, 1927, in St. Cloud.

The evidence is sufficient to support the verdict rendered. It is contended by counsel for the plaintiff in error that there was a fatal variance between the allegation and proof in that the indictment alleges that the crime was committed in Osceola County while the evidence is undisputed that although the shooting of the deceased occured in Osceola County…