State v. Hicks

Tbe appellant assigns as error tbe failure of tbe trial judge to sustain bis demurrer to tbe evidence and allow bis motion for judg ment as of nonsuit interposed at the close of the State’s evidence, and renewed at the close of all the evidence. This assignment of error is bottomed on the contention that there is a fatal variance between the charge in the bill of indictment upon which the appellant stands convicted and in the proof submitted to the jury.

The only evidence offered by the State, tending to establish a conspiracy to maliciously damage property, was the testimony of the defendant…