Helms v. State

LAWSON, Justice.

This cause is before us on petition for writ of certiorari to review and revise the opinion and judgment of the Court of Appeals in the case of Helms v. State.

The petition asserts error by the Court of Appeals in that it did not reverse the trial court for refusing to exclude the State’s evidence after it had rested its case, on the ground that there was a variance between the indictment and the proof in that the indictment charged that the person robbed was Frank Teal, while the proof showed that the person robbed bore the name of James Franklin Teal.

When there is no dispute…