State v. Drakeford

Tbe prisoner was indicted for rape upon “Lila” Hatcher. On the trial the evidence showed that it had been committed on “Liza” Hatcher. The prisoner’s counsel’ insisting that the names were not idem sonans, and that there was a fatal variance between tbe charge and tbe proof, tbe court granted tbe motion of tbe prisoner and instructed tbe jury to find tbe defendant not guilty of rape upon “Lila” Hatcber, but beld liim to appear at tbe next term of court to answer tbe charge of committing rape upon “Liza” Hatcber. This bill was so found, and when tbe prisoner was put upon trial bis counsel…