State v. Villa

OPINION

WOOD, Chief Judge.

The appeal is concerned with the variance between the offense charged and the offense for which defendant was convicted iti a trial to the court without a jury. The indictment charged homicide by vehicle on the basis of reckless driving. Sections 64-22-1 and 64-22-3, N.M.S.A.1953 (2d Repl. Vol. 9, pt. 2). The trial court found defendant guilty of “. . . driving his automobile on the left side of the roadway within a legally designated no passing zone contrary to the provisions of Section 64— 18-4, [64-18-14] ...” N.M.S.A.1953 (2d Repl. Vol. 9, pt. 2).

The trial court…