Collins v. State

Reeves, Associate Justice.

The indictment in this case charges Robert Collins with theft of one bushel of *578dried peaches belonging to Gabriel Carter. The evidence shows that the peaches belonged to Carter Gabriel. The court charged the jury that, if they found that Gabriel Carter and Carter Gabriel are one and the same person, it was indifferent by which one of the names he was called in the indictment.

The defendant being convicted, appealed from the judgment of conviction, and assigns for cause of reversal the variance between the allegation in the indictment and the proof on the trial.

The…