Leath v. State
Supreme Court of Alabama
Appeal from DeKalb Circuit Court. Tried before Hon. J. A. Bilbro. The facts are sufficiently stated in the opinion. cited on tlie question of variance Felix v. State, 18 Ala. 726; State v. Plunket, 2 Stew. 11; Agee u. . State, 113 Ala. 52; O'Connor v. State, 30 Ala. 9; McGlerkin v. State, 105 Ala. 112. cited Busby v. State, 77 Ala. 67; Beasley -v. State, 59 Ala. 20; Wharton on Grim. Ev. (8th ed.), §§ 125, 132.
1Opinion of the CourtMcCLELLAN, C. J.
— The indictment alleges that when the warrants were presented to the Ft. Payne Bank, and paid by it they severally had the names of the respective payees indorsed on the back thereof. The name of the payee in one of the warrants is “Jno. Chape-lear.” On the warrant offered and received in evidence the name endorsed is not Jno. Chapolear, hut “Jno. Cha-pelas.” The names are neither the same nor of the same sound. There was a variance, therefore, between the allegation of the indictment and’ said evidence. The court erred in receiving this warrant and the indorsement upon it in support of the…
2Cited by9 opinions
- Hinds v. StateCourt of Criminal Appeals of Alabama · 1982
- Gardner v. StateAlabama Court of Appeals · 1912
- Foote v. StateAlabama Court of Appeals · 1917
- Wiggins v. StateCourt of Criminal Appeals of Alabama · 1987
- Peoples v. StateCourt of Criminal Appeals of Alabama · 1975
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