Wilensky v. State

1. There was no material variance between the allegations and the proof; and the evidence warranted the conviction of the accused, under section 192 of the Penal Code.

2. There is no merit in the exception that the judge, in his charge to the jury, erred “in failing to mention the contentions of the defendant and to call the attention of the jury to his defense.” The judge stated to the jury the charge made in the indictment, and then stated that the defendant entered a plea of not guilty, and that this plea put in issue every material allegation in the indictment and the question of the…