Hutton v. State

The defendant, Alexander Newton Hutton, was charged by information filed in the district court of Oklahoma county with the crime of robbery with firearms, was tried, convicted, and sentenced to serve 25 years in the State Penitentiary, and has appealed.

Two propositions are presented: First, there was a material variance between the allegations of the information and the proof; second, the sentence was excessive.

Under the first proposition, it is contended that the information charged the accused with the crime of rob; *36bery with firearms, while the state’s proof conclusively showed that the…