State v. Anderson

The opinion of the court was delivered by

Fulleetoet, J.

The appellant was informed against for murder in the second degree, convicted of manslaughter, and sentenced to imprisonment in the penitentiary for a term of ten years. From the judgment of conviction, he appeals.

The charge in the information is that the appellant “did kill and murder one John Elms with an iron instrument, then and there a deadly weapon, which,” etc. The proof was that the instrument used was a cigar cutter. It is said that there is such a variance between the pleadings and proof as to require a reversal. We do not think…