Watkins v. State

The. verdict in this case finding the accused guilty, though based upon circumstantial evidence, is not contrary to law and the evidence. The proved facts on the trial are not only consistent with his guilt, but exclude every other reasonable hypothesis than that of the guilt of the accused.

The accused was charged with illicit sexual intercourse with one Maria Story. The witnesses upon the trial testified that her name was Marie Story. The point is raised that there is a variance between the allegata and the probata. Maria and Marie are idem sonans. The testimony upon the trial identified the…