Rhodes v. State

LATTIMORE, Judge.

Appellant was convicted in the District Court of Polk County of seduction, and his punishment fixed at confinement in the penitentiary for a period of three years.

Appellant questioned the sufficiency of the indictment. Examining same it appears that in alleging that the prosecutrix was an unmarried female “under the age of twenty-five years” the pleader misspelled the word years and made the same appear “yeard.” Numerous authorities are cited under Article 476 of Mr. Vernon’s Ann. Code of Criminal Procedure in support of the proposition that bad spelling does not vitiate an…