Bowers v. State

Smith; C. J.,

delivered the opinion of the court.

There is no merit in any of the assignments of error, and the only one to which we deem it necessary to special ly reply is that bringing under review the alleged variance between an allegation in the indictment and’ the proof.

The indictment alleges that the appellant committed the assault and battery “with a certain deadly weapon, to-wit, a wrench, by striking the said George Davis with said weapon.” According to the evidence, the assault was made with a stick, which the jury were warranted in believing was a déadly weapon.

This variance between…