State v. Burns

i. variance in piosecutrix. The indictment charges the seduction of Mary Ellen O’Grady. Upon the trial the prosecuting witness gave her name as Nellie O’Grady, and was so named and called by other witnesses who spoke of her in testimony. It is argued that this is a fatal variance and requires a reversal. The rule of law which requires an indictment for seduction to state the name of the woman charged to have been seduced is in ■ tended to apprise the accused of the identity of the person thus alleged to have been wronged. In modern criminal practice, merely formal errors and yerbal variances,…