Sewell v. State

— The defendant is indicted under section 4419 of the Code (1876), for trespass after warning, upon certain described premises of the prosecutor, without legal cause or good excuse.

1. These premises are alleged in the indictment to be the property of “S. Sicily Garrett, wife of John J. Garrett.” The evidence shows that the owner’s true name was Sicily Garrett, but that she was properly described as the wife of John J. Garrett. Was this a fatal variance ? The Circuit Court held not, and wé think properly so. We need not decide that the name S. Sicily Garrett, without more, is, in law, the same…