Armstrong v. State

Appellant was convicted of the offense of burglary. Code 1923, §3479.

It was alleged in the indictment under which he was tried that the building burglarized was that of “Robert Jackson.” Code 1923, § 4556, form 27.

Nowhere in the testimony given on the trial does the name of “Robert Jackson” appear'; rather, the person whose building was the subject of the burglary is described in said testimony only as “R. P. Jackson.”

It may be, as the learned Mr. Justice Gardner remarked of a question similar to that here apparent, i. e. whether or not there was a variance between the allegations in the…