Anderson v. State

Deen, Chief Judge.

Patricia Anderson appeals from her conviction for prostitution.

1. There was no fatal variance between the accusation and the evidence introduced at trial. The accusation stated that the accused "did then and there unlawfully, and with force and arms, offer and consent to perform an act of sexual intercourse for money.” As "with force and arms” is not a part of Code Ann. § 26-2012 which makes prostitution a crime and the words are not required in the form prescribed for indictments under Code Ann. § 27-701, such an allegation is mere surplusage and may be disregarded. Smith…