State v. Evans

As I understand the majority opinion, the verdict and sentence of the lower court were reversed because of the “variance between the allegations of the indictment and the proof * * The majority opinion stated that the evidence clearly shows that the defendants were convicted on proof offered for prospecting for oil on a public highway without the consent of the person who owned the soil and the mineral rights under the right of way, and that it was manifest error to admit this evidence.

If the majority of this court means by ■the above that the evidence was insufficient to prove the charge,…