State v. Gates

The defendant was charged with setting fire “to a building, known'and described as No. 555 West Broadway in the city-of Council Bluffs, Iowa, the same being a dwelling house, then and there inhabited by * * * by the burning whereof the said building was burned in the nighttime, ’ ’ etc. The indictment charged a crime within the definition of the statute (Code Section 4776), and is legally sufficient.

However, it is contended by appellant that there exists a fatal variance between the proof offered by the State and the allegations' of the indictment. This proposition is bottomed on the fact, as…