State v. Spiegel

Blume, Chief Justice.

Tbe defendant was convicted of an assault and battery on one Charlie Bailey, and from that conviction and sentence thereon be has appealed. The only points argued are those hereinafter mentioned.

1. Tbe information charges tbe defendant with having committed tbe assault and battery on February 5, 1926, while tbe evidence showed it to have been committed on February 4, 1926, and it is claimed that this constitutes a variance and that tbe evidence should have been excluded. There is no merit to this contention. Tbe precise time at which tbe offense is charged to have been…