Hill v. State

HAWKINS, Judge.

The information alleged that appellant “wilfully and maliciously” threw a stone, a piece of brick, and a piece of plank against and at a storehouse occupied by C. A. Swindell,” etc. (Art 1339, P. C. 1925 Revision). Appellant was convicted and fined five dollars.

The evidence disclosed that the house was occupied by C. 0. Swindell, and there was no such person as C. A. Swindell. The point is made that this constituted a variance. “A middle initial is not known in law and a variance between the allegation and proof as to a middle initial is immaterial. A middle initial may be…